IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Bail Appl..No. 5704 of 2010() ----------------------------- LPC.222/2007 of CHIEF JUDICIAL MAGISTRATE COURT,KASARAGOD .................... (CRIME NO.87/2004 OF KASARAGOD POLICE STATION) PETITIONERS/ACCUSED 5 & 8 IN THE LPC: ----------------------------------------------------------------- 1. MOHAMMED SHERIF,S/O.ABDULLA @ ABDULLA KUNHI,AGED 30 YEARS,SAFEENA MANZIL, BLARKOD, POST KUDLU,KASARGOD. 2. SAKARIYA,AGED 26 YEARS,S/O.MOIDEEN @ MOIDU,LAKSHAM VEEDU COLONY,BLARKOD, POST KUDLU,KASARGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATION HOUSE OFFICER,KASARAGOD POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.5704 of 2010 ------------------------------- DATED: 15.09.2010 O R D E R Petitioners, who are accused Nos.5 and 8 in Crime No.87/2004 of Kasaragod Police Station, now pending before the C.J.M., Kasaragod for offences punishable under Secs.143,147,148,341,324 and 153A read with 149 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C.No.600/2005 on the file of the Chief Judicial Magistrate, Kasaragod, the case against the petitioners has been transferred to the Long Pending Case Register as L.P. Case No.222/2007. 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. sj