IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Bail Appl..No. 2399 of 2011() ------------------------ Crime No. 353 of 2007 of Koothuparamba Police Station PETITIONERS/ACCUSED: ------------------- 1. KOTTAYODAN ANEESH, S/O.SUDHAKARAN ANEESH NIVAS, KOOTHUPARAMBA P.O. 2. PARAYI ANEESH, S/O.ASHOKAN, POONAMTHOTTU HOUSE, KANDAMKUNNU AMSOM, NEERVELI. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Public Prosecutor Sri. C.S. Hrithwik THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04-04-2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 2399 of 2011 ------------------------------- DATED: 4 th April, 2011 O R D E R Petitioners who are the accused in Crime No. 353 of 2007 of Koothuparamba Police Station for offences punishable under Sections 143, 147, 148, 341, 323 and 308 read with Sec. 149 I.P.C. seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in the case against the petitioners has been transferred to the L.P.Case Register as L.P. No. 83 of 2009 on the file of the J.F.C.M. Koothuparamba. 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 . V.RAMKUMAR, JUDGE. ani/