IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Bail Appl..No. 6856 of 2010() ------------------------ SC.743/2003 of ADDL.S.C.-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA .................... PETITIONER/2ND ACCUSED --------------------- SELVAN, S/O.BIBILOSE, AGED 50 YEARS, SANDYA NIKETHAN, MUZHAVANKODE, KATTAKKADA P.O., KULATHUMMEL VILLAGE, NEYYATTINKARA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 6856 of 2010 ------------------------------- DATED: 22nd October, 2010 O R D E R Petitioner who is the 2nd accused in S.C. No. 743 of 2003 on th file of the Addl. Sessions Court for the trial of Abkari Act Cases, Neyyattinkara for offences punishable under Sections 55 (a) and 58 of Abkari Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in 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 Sessions Court and seek regular bail. Accordingly, if the petitioner surrenders before the Addl. Sessions Judge for the trial of Abkari Act Cases, Neyyattinkara 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 22nd day of October, 2010. V.RAMKUMAR, JUDGE. ani