IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Bail Appl..No. 6454 of 2010() ----------------------------- CRIME No.88/2009 of ADHUR POLICE STATION, KASARAGOD DIST. PETITIONER/ACCUSED: :- --------------------------------------- 1. ABDUL RAHIMAN, AGED 48 YEARS, W/O.ABDULKHADER, R/AT POVVAL BENCH COURT, MULIYAR P.O., KASARAGOD DISTRICT. 2. RIYAS, AGED 21 YEARS, S/O.ABDULKHADER, R/AT POVVAL BENCH COURT MULIYAR P.O., KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S)/COMPLAINANT :- ----------------------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, ADHUR POLICE STATION, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ------------------------------- Bail Application No.6454 of 2010 ------------------------------- DATED: 8th day of November, 2010 O R D E R Petitioners, who are accused Nos. 5 and 6 in Crime No.88/2009 of Adhur Police Station for offences punishable under Sections 143, 144, 147, 148, 341, 323, 324, 307 and 109 read with 149 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.174/2010 on the file of the J.F.C.M Court-I, Kasaragod non-bailable warrants of arrest are pending against the petitioners. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioners should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate and file an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioners and also after considering the explanation offered by the petitioners for their previous non-appearance. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. dmb