IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Bail Appl..No. 4377 of 2011() ----------------------------- CC.49/2007 of J.M.F.C.-II, KOLLAM CRIME NO. 605/2006 of KOTTIYAM POLICE STATION .................... PETITIONERS/ACCUSED 3 & 7:- ------------------------------------ 1. SHELLEY,AGED 33 YEARS,S/O.PRESENTATION, BROTHER NIVAS,KANNANALLOOR,THAZHU,KOLLAM. 2. ANTONY,AGED 34 YEARS,S/O.YUSUDASAN, DAS MANDIRAM,KANNANALLOOR.P.O,KOLLAM. BY ADV. SRI.LIJU. M.P RESPONDENTS/COMPLAINANT:- ----------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOTTIYAM. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4377 of 2011 ------------------------------- Dated this the 14 th day of June, 2011. O R D E R Petitioners who are accused Nos. 3 and 7 in C.C.No. 49 of 2007 on the file of Judicial First Class Magistrate-II, Kollam, 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.