IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Bail Appl..No. 2646 of 2011() ----------------------- Crime No. 24 of 2006 of Kallambalam Police Station PETITIONERS/ACCUSED -------------------- 1. Thambu, S/o. Thampi, Aged 23 years, Kattuvila Veedu, Sreenarayanapuram, Ottoor Village, Thiruvananthapuram District 2. Kunjumon, S/o.Soman, Kattuvila Veedu, Nellikkode, Sreenarayanapuram, Ottoor Village, Thiruvananthapuram District Now residing at Melekunnuvila Veedu, Ottoor village, Thiruvananthapuram District 3. Biju @ Baiju, S/o. Babu, Pulluvila Veedu, Sreenarayanapuram, Ottoor Village, Thiruvananthapuram District BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- The State of Kerala, represented by the Sub Inspector of Police,Kallambalam Police Station, through the Public Prosecutor, High Court of Kerala, Ernakulam PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2646 of 2011 ------------------------------- DATED: 30-03-2011 O R D E R Petitioners who are accused Nos. 3, 5 and 7 in Crime No. 24 of 2006 of Kallambalam Police Station, for offences punishable under Sections 143, 147, 148, 149, 447, 341, 323, 325 and 506 (ii) of I.P.C. and Sec. 27 of the Arms Act, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C.No. 1287 of 2006 on the file of the J.F.C.M., Varkala, 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. ani/ /true copy/ P.S. to Judge