IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Bail Appl..No. 8566 of 2010 -------------------------------------- [L.P.R.157/2005 IN CR.NO.17/2000 OF EXCISE RANGE, IRINJALAKUDA, THRISSUR DISTRICT] ............... PETITIONER/ACCUSED: ---------------------------------- MASHI @ SHAJI, S/O. VELUKUTTY, AGED 38 YEARS, VETTETH HOUSE, CHEMBUCHIRA DESOM, MATTATHOOR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR. BY ADV. SRI.A.C.DEVY. RESPONDENT: --------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.8566 of 2010 -------------------------------------------- Dated this the 20th day of December, 2010 O R D E R Petitioner, who is the accused in C.R.No.17/2000 of Excise Range, Irinjalakuda for offences punishable under Sections 8(1) & (2) and 8(g) of the Abkari Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P.R. No. 157/2005 on the file of the J.F.C.M, Chalakudy, 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. ln