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. 1124 of 2011() ----------------------------------------- (CRIME NO.135/2010 OF KAKKUR POLICE STATION,KOZHIKODE) .... PETITIONERS/ACCUSED NOS. 3 TO 5: -------------------------------------------------------- 1. SUDHEEP KUMAR T.M., S/O.GOPI, AGED 28 YEARS, CHALIL HOUSE, KANNANKARA AMSOM, KANDANNUR DESOM, KANNANKARA P.O., KOZHIKODE DISTRICT. 2. SHIJIL.O., S/O.HARIDASAN, AGED 20 YEARS, ORALAKKODE, KUNNAMANGALAM DESOM, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT. 3. DEEPAK. P.K., S/O.SUDHAKARAN, AGED 19 YEARS, DEEPTHI NILAYAM, KUNNAMANGALAM AMSOM, KARANTHUR DESOM, KALANTHUR P.O., KOZHIKODE DISTRICT. BY ADVS. SRI.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA, SRI. SANDEEP.T.K., SRI.ARJUN SREEDHAR, SRI.ARUN KRISHNADHAN, SRI.JOSEPH GEORGE MULLAKKARIYIL, SRI.RATHEESH KUMAR.K. RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1124 of 2011 ----------------------------------------------------- Dated this the 18th day of February, 2011 ORDER The petitioners, who are accused Nos.3 to 5 in C.P.No.1 of 2011 on the file of the Judicial Magistrate of the First Class-III, Kozhikode, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.1 of 2011 on the file of the Judicial Magistrate of the First Class-III, Kozhikode, 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.1124/2011 : 2 : pendency of non-bailable warrants of arrest against the petitioners and also after considering the explanation offered by the petitioner for their previous non- appearance. With the above observation this application is disposed of. Dated this the 18th day of February, 2011. V.RAMKUMAR, JUDGE. skj