IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Bail Appl..No. 2139 of 2011() ----------------------------- CP.46/2009 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER -------------------- RADHAKRISHNAN,S/O.GANGADHARAN, KOKKATTUKUNNIL VEEDU, GOVINDAMANGALAM, KADAKKAL MURI,KADAKKAL VILLAGE, KOTTARAKKARA TALUK BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------------------------- STATE OF KERALA REP.BY EXCISE INSPECTOR,CHADAYAMANGALAM EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2139 of 2011 ------------------------------- DATED: 16.03.2011 O R D E R Petitioner, who is the sole accused in C.P.No.46/2009 on the file of the J.F.C.M-II, Kottarakkara, seeks anticipatory bail. 2. 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 and also after considering the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is disposed of . Dated this the 16th day of March, 2011. V.RAMKUMAR, JUDGE. sj