IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Bail Appl..No. 7148 of 2010() ----------------------------- CRIME NO.71/2006 OF THIRUVALLA EXCISE RANGE, PATHANAMTHITTA PETITIONERS/2ND ACCUSED ------------------------------------------- SHAJI, S/O.PEETHAMBARAN, BHARGAVI NILAYAM, BUDHANNOOR, ENNAKKADU P.O., CHENGANNUR. BY ADV. SRI.S.HARIKRISHNAN RESPONDENT(S): COMPLAINANTS ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUVALLA. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.7148 of 2010 ------------------------------- DATED: 11.11.2010 O R D E R Petitioner, who is the 2nd accused in Crime No.71/2006 of Thiruvalla Excise Range for offences punishable under Sections 8(1) and (2) and 56 of the Abkari Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in before the J.F.C.M, Thiruvalla, the case against the petitioner has re-filed as C.P. No.81/2010. Admittedly, 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. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. sj