IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5947 of 2010() ----------------------------- AGAINST THE ORDER IN LP 81/2009 IN CC.931/2006 of J.M.F.C.-II,KOTTARAKKARA - IN CRIME NO.187/2006 OF POOYAPPALLY POLICE STATION KOLLAM DISITRICT. .................... PETITIONER/ACCUSED (S): -------------------- 1. RATHEESH, S/O.RAMACHANDRAN NAIR, 'BHAVANA', 2ND MILE STONE, KILIKOLLOOR VILLAGE, KOLLAM DISITRICT. 2. ANILKUMAR, S/O.BALAKRISHNA PILLAI, MELEPOIKA VEEDU, NEDUMPANA MURI, NEDUMPANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5947 of 2010 ------------------------------------------------ Dated this the 22nd day of September, 2010 ORDER The petitioners, who are accused Nos.1 & 3 in Crime No.187/2006 of Pooyappally Police Station for offences punishable under Sections 457 & 511 of 381 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C.No.931/2006 on the file of the Judicial Magistrate of the First Class-II, Kottarakkara the case against the petitioners have been transferred to the Long Pending Case Register as L.P.No.81/2009. Admittedly, 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 files 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.5947/2010 : 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