IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Bail Appl..No. 8319 of 2010 ------------------------------------ [CR.NO.25/03 OF KUMBLA EXCISE RANGE IN C.P.236/2007 IN LPC.129/2007 OF JUDICIAL 1ST CLASS MAGISTRATE I, KASARAGODE] ............... PETITIONER/ACCUSED: ----------------------------------- PURUSHU @ PURUSHOTHAMAN, AGED 31 YEARS, S/O. YADHU, RESIDING AT MAJAL, MOGRAL PUTHUR, KASARAGODE TALUK, REAL NAME OF THE PETITIONER IS ANIL KUMAR, S/O. YATHEENDRAN, MAJAL HOUSE, MOGRAL PUTHUR VILLAGE, KASARAGODE TALUK. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE EXCISE INSPECTOR, KUMBLA EXCISE RANGE, PIN – 671 121. 2. STATE, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.8319 of 2010 ------------------------------- Dated this the 13 th day of December, 2010. O R D E R Petitioner who is the accused in C.P. No.236 of 2007 on the file of Judicial First Class Magistrate-I, Kasaragode, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No.236 of 2007 on the file of the J.F.C.M-I, Kasaragode the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.129/2007. 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 . V.RAMKUMAR, JUDGE. rv