IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 5973 of 2010() ----------------------------- (CRIME NO.411/2008 OF CHADAYAMANGALAM POLICE STATION) CP.55/2010 of J.M.F.C.-II,KOTTARAKKARA .................... (S): PETITIONERS/ACCUSED NOS.2,3,6 & 7 ----------------------------------------------------- 1. MAZOOD,S/O.AHAMMED PILLAI,REENA MANZIL, CHERATTUKUZHI MURI,NILAMEL VILLAGE,KOTTARAKKARA TALUK,KOLLAM DISTRICT. 2. SHARAFUDEEN,S/O.AHAMMED PILLAI, NIZAD MANZIL,CHERATTUKUZHI MURI,PAZHAYAKUNNUMMEL VILLAGE,KOTTARAKKARA TALUK,KOLLAM DISTRICT. 3. BASHEER,S/O.AHAMMED PILLAI, SHIBIN MANZIL,CHERATTUKUZHI MURI,PAZHAYAKUNNUMMEL VILLEGE,KOTTARAKKARA TALUK,KOLLAM DISTRICT. 4. JALALUDEEN,S/O.AHAMMED PILLAI, EZHIYATHU MANZIL,CHERATTUKUZHI MURI, PAZHAYAKUNNUMMEL VILLEGE,KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE,CHADAYAMANGALAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5973 of 2010 ------------------------------------------------ Dated this the 1st day of October, 2010 ORDER The petitioners, who are accused Nos.2, 3, 6 & 7 in Crime No.411 of 2008 of Chadayamangalam Police Station for offences punishable under Sections 143, 147, 148, 341, 326 & 308 read with Section 149 I.P.C, seek anticipatory bail. Consequent on the non-appearance of the petitioners before the Judicial Magistrate of the First Class-II, Kottarakkara in C.P.No.55 of 2010, non-bailable warrants of arrest are pending against the petitioners. 2. 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 Judicial Magistrate of the First Class-II, Kottarakkara and seek regular bail. Accordingly, if the petitioners surrender before the Judicial Magistrate of the First Class-II, Kottarakkara and file an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioners. This Bail Application is, accordingly, disposed of. V.RAMKUMAR, JUDGE skj