IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Bail Appl..No. 424 of 2011() ---------------------------- CP.71/2010 of J.M.F.C.,VADAKARA .................... PETITIONERS/ACCUSED --------------------------------------- 1. RAJEESH,S/O.KUNJIRAMAN,CHERUVALLIMEETHAL VEEDU,AYANCHERRY.P.O,VADAKARA VIA, KOZHIKODE DISTRICT. 2. RAYAROTH KUNJIRAMAN,S/O.CHATHU, CHATHANKANDI VEEDU,AYANCHERRY.P.O,VADAKARA VIA, KOZHIKODE DISTRICT. 3. SASI,S/O.CHOYI,KANDOTH VEEDU, AYANCHERRY.P.O,VADAKARA VIA,KOZHIKODE DISTRICT. 4. MOIDU.K.P,S/O.AMMAD,KARIMBAMPUTHUSSERY HOUSE,AYANCHERI,VADAKARA,KOZHIKODE-673544. 5. RATHEESH,S/O.KANNAN,PUTHUSSERY VEEDU, AYANCHERI,VADAKARA,KOZHIKODE. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,VADAKARA POLICE STATION, KOZHIKODE DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM- 2. SREEKUMAR,S/O.SIVADASAN,HARI NIVAS, THANUR.P.O,MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.424 of 2011 ------------------------------- DATE: 17.01.2011 O R D E R Petitioners, who are accused Nos.1 to 5 in C.P.No.71/2010 on the file of the J.F.C.M, Vadakara, 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 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 . Dated this the 17th day of January, 2011. V.RAMKUMAR, JUDGE. sj