IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6404 of 2010() ----------------------------- SC.1126/2009 of ADDL.SESSIONS COURT (ABKARI CASES), KOTTARAKKARA,KOLLAM DISTRICT .................... (CRIME NO.386/2005 OF KADACKAL POLICE STATION) PETITIONERS/ACCUSED NOS.2 AND 4: ----------------------------------------------------------- 1. SUNDHARSHAN @ BABU, S/O.SOMARAJAN, KIZHAKKIDATHU THAZHATHIL VEEDU, ELIYODU, KAKKAKOTTUR MURI, KOTTARAKARA. 2. SATHYAN, S/O.BHASKARAN, LEKSHMI VILASOM, ELIYODU, KAKKAKOTTUR MURI, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT/STATE: --------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOTTARAKARA, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.6404 of 2010 ------------------------------- DATED: 7.10.2010 O R D E R Petitioners, who are accused Nos.2 and 4 in S.C.No.1126/2009, 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 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, 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