IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 Bail Appl..No. 224 of 2011() --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7224/2010 Dated 12/11/2010 CRIME NO. 186/2001 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT. IN REFILLD C.C.NO.246/2008(ORIGINAL C.C.NO.1423/2003) OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALA. .................... PETITIONER/ ACCUSED ----------------------------------- SANTHOSH, S/O.CHANDREN, AGED ABOUT 34 YEARS, ALAYILTHAZA VEETIL, KOLLUMULLA KARAYIL, RANNI TALUK, PATHANNAMTHITTA SIJO, S/O.JOSEPH, AGED ABOUT 31 YEARS, KOCHUPARAMBIL VEETIL, CHULLIKARAYIL, VALLIKAVU VILLAGE,KASARGOD. RAJU, S/O. VALAUDAN, AGED ABOUT 33 YEARS, ALLAYIL VETTIL, VADANAPILLY KARAYIL, CHAVAKKAD, THRISSUR. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): -------------------------- STATE OF KERALA, REP.BY STATION HOUSE OFFICER, KOTHAMANGALAM PLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No. 224 of 2011 ------------------------------- Dated this the 10th day of January, 2011. O R D E R Petitioners who are the accused in Crime No. 186 of 2001 of Kothamangalam Police Station, Ernakulam District for offences punishable under Sections 143, 147, 148, 323, 324, 326 read with Sec. 149 I.P.C. seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C. No. 246/2008 on the file of the J.F.C.M., Kothamangalam, 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 Bail A.No. 224 of 2010 -:2:- 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 10th day of January, 2011. Sd/-V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge