IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Bail Appl..No. 896 of 2011() -------------------------------- (CRIME NO.381/2010 OF KASARAGOD POLICE STATION C.P. 327/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KASARAGOD DISTRICT) ...... PETITIONERS/ACCUSED 3 & 5 ------------------------------------ 1. HARIS, AGED 29 YEARS S/O.ABDUL RAHIMAN, PALLATHINGAL HOUSE, THEKKIL POST, KASARAGOD TALUK,KASARAGOD DISTRICT. 2. MUNEER, AGED 26 YEARS, S/O.KUNHAMU,PALLATHINGAL HOUSE, THEKKIL POST, KASARAGOD TALUK,KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S):STATE ---------------------------- THE STATION HOUSE OFFICER,KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.896 of 2011 ----------------------------------------------------- Dated this the 3rd day of February, 2011 ORDER The petitioners, who are accused Nos.3 & 5 in Crime No.381 of 2010 of Kasaragod Police Station, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.327 of 2010 on the file of the Judicial Magistrate of the First Class-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 Bail Appln.No.896/2011 : 2 : 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. skj