IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Bail Appl..No. 5086 of 2011() ----------------------------- SC.53/2009 of ADDL. DISTRICT COURT (ADHOC-III), KASARAGODE .................... PETITIONER: -------------- 1. FAHAD M.K., AGED 22 YEARS, S/O.MOHAMMED KUNHI, ITTUMMAL HOUSE, BELLA KADAPPURAM, P.O.KANHANGAD, KASARAGOD DISTRICT. 2. RASHID AK @ RASHI AGED 22 YEARS, S/O.ALEEMA, A.K.HOUSE, BELLA KADAPPURAM, P.O.KANHANGAD, KASARAGOD DISTRICT. 3. KALAN SAMAD @ SAMAD MK AGED 24 YEARS, S/O.MK MOHAMMED, ITTUMMAL HOUSE, BELLA KADAPPURAM, P.O.KANHANGAD, KASARAGOD DISTRICT. 4. GILLAR A.K., AGED 22 YEARS, S/O.MOHAMMED KUNHI, A.K.HOUSE, BELLA KADAPPURAM, P.O.KANHANGAD, KASARAGOD DISTRICT. 5. ABDUL KHADER @ ANDUKKA HAJI, AGED 50 YEARS, S/O.ABDUL RAHIMAN, HARIS MANZIL, BELLA KADAPPURAM, P.O.KANHANGAD, KASARAGOD DISTRICT. 6. BASHEER @ IRACHI BASHEER, AGED 32 YEARS, S/O.ANDUMAYI NASEEMA MANZIL, BELLA KADAPPURAM, P.O.KANHANGAD, KASARAGOD DISTRICT. 7. MANZOOR K.K. AGED 22 YEARS, Bail Appl..No. 5086 of 2011() 2 S/O.MOHAMMED KUNHI, A.K.HOUSE, BELLA KADAPPURAM, P.O.KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (S.C.NO.53/2009 OF THE ADDL.DISTRICT AND SESSIONS JUDGE, KASARAGOD (ADHOC-III), IN CRIME NO.95/2008 OF HOSDURG POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON 24/06/2011 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5086 of 2011 * * * * * * * * * * * * * * * * * * Dated: 24.06.2011 ORDER Petitioners, who are accused Nos.1 to 7 in S.C.No.53/2009 on the file of Additional District and Sessions Court (Adhoc-III), Kasaragod, seek anticipatory bail. 2. 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 Court below and seek regular bail. Accordingly, if the petitioners surrender before the court below 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. Dated this the 24 th day of June, 2011 V. RAMKUMAR,(JUDGE) sj