IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Bail Appl..No. 7205 of 2010() ----------------------------- C.R.No.39/2006 of KARUNAGAPPALLY EXCISE RANGE --------------------------- PETITIONER/ACCUSED :- -------------------------------------- SUMESH, S/O.VIJAYASENAN, PARAYIDATHU VEEDU, AZHEEKKAL MURI, ALAPPATTU VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.SIJU KAMALASANAN SRI.A.MUHAMMED RAFFI SMT.BINDU GEORGE RESPONDENT(S) :- ------------------------ STATE OF KERALA , REP.BY EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ------------------------------- Bail Application No. 7205 of 2010 ---------------------------------------------- DATED: 12th day of November, 2010 O R D E R Petitioner, who is the sole accused in C.R.No.39/2006 of Karunagappally Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.166/2009 on the file of the J.F.C.M Court, Karunagappally non-bailable warrants of arrest are pending against the petitioner. 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 Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files 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 petitioner and also after considering the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. dmb