IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 1115 of 2011() ---------------------------------------- CRIME NO.400/2009 OF KEEZHVAYIPOOR POLICE STATION, PATHANAMTHITTA DISTRICT. C.P.NO.126/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA, PATHANAMTHITTA DIST. .......................... PETITIONERS/ACCUSED 1, 3, & 4 ------------------------------------------------ 1. RAJESH. K.R., AGED 21 YEARS, S/O. RAJASEKHARAN NAIR, KUTTANAPARAMPIL HOUSE, VAIPUR. P.O., MALLAPPALLY, PATHANAMTHITTA (DIST.) 2. SUCHEENDRA NATH MOHAN, AGED 24 YEARS, S/O. V.R. MOHANAN NAIR, ATHRAPPALLIL HOUSE, EZHUMATTOOR. P.O., MALLAPPALLY, PATHANAMTHITTA (DIST.) 3. GOKUL NATH, AGED 20 YEARS, S/O. GOPINATH, EDAYADIYIL (H), KOTTANGAL. P.O., MALLAPPALLY, PATHANAMTHITTA (DIST.) BY ADV. SRI.GIKKU JACOB RESPONDENTS/COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KEEZHVAYIPOOR POLICE STATION, PATHANAMTHITTA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ------------------------------- Bail Application No.1115 of 2011 ------------------------------- DATED: 18.02.2011 O R D E R Petitioner, who are accused Nos.1, 3 and 4 in C.P.No.126/2010 on the file of the J.F.C.M, Thiruvalla, seek anticipatory bail. 2. 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 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 . Dated this the 18 th day of February, 2011. V.RAMKUMAR, JUDGE. sj