IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH FEBRUARY 2007 / 7TH PHALGUNA 1928 Bail Appl..No. 1089 of 2007() ----------------------------- CP.10/2006 of J.M.F.C.,MATTANNUR CRIME NO.186/05 OF MATTANNUR POLICE STATION .................... : PETITIONERS/ACCUSED. ------------------------------------- 1. PUTHIYEDATH PRAMOD, S/O.KUNHAMBIU, DAYAROTH HOUSE, PAZHASSI AMSOM, ELAKKUZHI. 2. THAZHEPURAYIL PRADEEPAN, S/O.CHATHIU, THAZHEPURAYILHOUSE, PAZHASSI AMSOM, ELAKUZHI. 3. KUNNUMPURATH BIJU, S/O.GANGADHARAN, KUNNUMPURATH HOUSE, PAZHASSI AMSOM, ELAKUZHI. 4. SUDHEESH THOTTATHIL, S/O.GOVINDAN, MUTTAMPARAMBATH HOUSE, PAZHASSI AMSOM, ELAKUZHI. 5. OROKANDY ASHOKAN, S/O.KUNHIKANNAN, CHALIL HOUSE, PAZHASSI AMSOM, ELAKUZHI. 6. ORAKANDY PRAKASHAN, S/O.KUNHIKANAN, CHALIL HOUSE, PAZHASSI AMSOM, ELAKUZHI. 7. KAKKADANKANDY JEYESH, S/O.ACHUTHAN, DHAYAROTH HOUSE, PAZHASSI AMSOM, ELAKUZHI. BY ADV. SRI.M.K.SUMOD SRI.KAUSER EDAPPAGATH RESPONDENTS: ------------- 1. THE STATION HOUSE OFFICER, MATTANNUR POLICE STATION, MATTANNUR, KANNUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRIJAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 1089 OF 2007 A ```````````````````````````````````````````````````` Dated this the 26th day of February, 2007 O R D E R Petitioners, who are accused Nos.1, 3, 6, 7 and 10 to 12 in Crime No.186/2005 of Mattannur Police Station for offences punishable under sections 143, 147, 148, 341, 324, 308 and 435 read with section 149 IPC, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.10/2006 before the JFCM, Mattannur, non-bailable warrants of arrest are pending against them. 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 concerned and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate concerned and file an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed, after examining the explanation offered by the petitioners for their previous non-appearance before the court. This application is disposed of as above. (V. RAMKUMAR, JUDGE) aks