IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 Bail Appl..No. 2151 of 2011() ----------------------------- CC.217/2009 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 708/2008 of KOTTARAKKARA POLICE STATION .................... PETITIONER/ ACCUSED 2 TO 5:- ------------------------------------- 1. SUNIL, S/O.BADARUDHEEN, MUSLIM STREET, KOTTARAKKARA, KOLLAM. 2. SIJU, S/O.CHANDRASEKHARA PILLAI GOURI BHAVAN, KOTTATHALA, MAILAM, KOTTARAKKARA, KOLLAM. 3. SAJITH, S/O.SOMARAJAN RAJ BHAVAN, KALAYAPURAM, KOTTARAKKARA, KOLLAM 4. AJAYAKUMAR @ AJI, S/O.MADHAVAN PILLAI PANAVILA VEEDU, KULAKKADA, KOTTARAKKARA, KOLLAM. BY ADV. SRI.SAJU.S.A RESPONDENT/STATE:- -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2151 of 2011 ------------------------------- Dated this the 17 th day of March, 2011. O R D E R Petitioners who are accused Nos. 2 to 5 in C.C.No. 217 of 2009 on the file of Judicial First Class Magistrate-I, Kottarakkara, 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 his previous non-appearance. With the above observation this application is disposed of . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.