IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Bail Appl..No. 7791 of 2010() ---------------------------------- CP.50/2010 of J.M.F.C. - II, MAVELIKKARA .................... PETITIONER/ACCUSED 1 TO 3: ------------------------------------- 1. RAJUKUTTAN, S/O.NANU, KOCHUTHURUTHIL RESHMA BAVANAM, CHERUMUKHAMURIYIL, NOORUNAD VILLAGE, ALAPPUZHA DISTRICT. 2. SREEKUMAR, S/O.GOPALAN, PLAMMOTTIL HOUSE, CHERUMUKHAMURIYIL, NOORANADU VILLAGE, ALAPPUZHA DISTRICT. 3. VIJAYAN, S/O.BHASKARAN, VALIVADAKKATHIL VIVEK BAVANAM, CHERUMUKHAMURIYIL, NOORANADU VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): COMPLAINANT: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING THE S.I.OF POLICE, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7791 of 2010 ------------------------------------------------ Dated this the 25th day of November, 2010 ORDER The petitioners, who are accused Nos.1 to 3 in C.P.No.50 of 2010 on the file of the Judicial Magistrate of the First Class-II, Mavelikkara, for offences punishable under Sections 8(1), 8(2) and 55(a) of the Abkari Act, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.50 of 2010 on the file of the Judicial Magistrate of the First Class-II, Mavelikkara, 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 Bail Appln.No.7791/2010 : 2 : 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