IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH FEBRUARY 2007 / 30TH MAGHA 1928 Bail Appl..No. 1076 of 2007() ----------------------------- CP.197/2006 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER/ACCUSED : ----------------- GEORGEKUTTY, S/O. YOHANNAN,. CHARUVILA PUTHEN VEEDU, ULIYANADU MURI, VETTIKAVALA VILLAGE, KOTTARAKKARA BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: ------------- THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHADAYAMANGALAM, REPRESENTEDBY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-02-2007 THE COURT ON 19/02/2007 PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1076 of 2007 ------------------------------- DATED: 19th February, 2007 O R D E R Petitioner who is the 2nd accused in C.R. 43/04 of Chadayamangalam Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 1 litre of arrack on 5-8-2004, seeks anticipatory bail. 2. Admittedly, the case is pending before the J.F.C.M.-II, Kottarakkara as C.P. 197/2006. Presumably, consequent on the non-appearance of the petitioner before the court, non-bailable warrants of arrest are pending against him. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the committal court and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail within 10 days from today, the same shall be considered and disposed of preferably on the same date on which it is filed after Bail A.No.1076/07 -:2:- examining the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is dismissed. Sd/-V.RAMKUMAR, JUDGE. ani