IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Bail Appl..No. 7096 of 2010() ------------------------------------------ CP.NO.23/2003 IN LP.NO.39/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR, KOLLAM. ........ (CRIME NO.132/1998 OF CHATHANNOOR POLICE STATION,KOLLAM DISTRICT) ................. PETITIONERS/ACCUSED 3 TO 5: -------------------------------------------------- 1. PRASAD , S/O.GOPINATHAN, GOPIVILASOM VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOLLAM DISTRICT. 2. PRASANNAN, S/O.PARAMU, AMBALLOOR VEEDU, EZHUKONE VILLAGE, KOLLAM. 3. PREMLAL, S/O.SURENDRAN, SURESH BHAVANAM,SOUTH OF LEO TOURIST HOME, MUKKADA, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7096 of 2010 ------------------------------------------------ Dated this the 10th day of November, 2010 ORDER The petitioners, who are accused Nos.3 to 5 in Crime No.132 of 1998 of Chathannoor Police Station, for an offence punishable under Section 55(a) & (i) of Abkari Act, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.23 of 2003 in L.P.No.39 of 2007 on the file of the Judicial Magistrate of the First Class, Paravur, Kollam, 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 Bail Appln.No.7096/2010 : 2 : 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj