IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Bail Appl..No. 8327 of 2010() ---------------------------------- (CRIME NO.60/2007 OF KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT, CC. NO.581/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM) ......... PETITIONERS/ACCUSED NOS. 1 & 2 ------------------------------------------ 1. WILSON, AGED 37 YEARS, S/O.MANI, NELLIVILA HOUSE, VADATTUPARA KARA, KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT. 2. BIJU, AGED 33 YEARS, S/O.MANI, NELLIVILA HOUSE, VADATTUPARA KARA, KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------- Bail Application No.8327 of 2010 ------------------------------- DATED: 21-12-2010 O R D E R Petitioners who are accused Nos. 1 and 2 in Crime No. 60 of 2007 of Kuttampuzha Police Station, Ernakulam District now pending as C.C. No. 581 of 2007 on the file of the J.F.C.M., Kothamangalam, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in the above case, 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 Bail A.No.8327 of 2010 -:2:- 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 . Dated this the 21st day of December, 2010. V.RAMKUMAR, JUDGE. ani/