IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Bail Appl..No. 2993 of 2011() ------------------------ SC.137/2007 of SPECIAL COURT FOR ABKARI ACT CASES, KOTTARAKKARA .................... PETITIONERS/ACCUSED -------------------- 1. PODIMON, S/O. KOTTA VELU, PARANGIMAMVILA VEEDU, PADOM IRUTTUCHIRA, KALANOOR VILLAGE, KOLLAM 2. AJAYAN, S/O. RAVEENDRAN, PATHALIL VEEDU, PADOM MURI, KALANJOOR VILLAGE, KOLLAM BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 2993 of 2011 * * * * * * * * * * * * * * * * * * Dated: 8-04-2011 ORDER Petitioners who are accused Nos. 2 and 4 in Crime No. 459 of 2002 of Pathanapuram Police Station for an offence punishable under Sec. 55 (a) and (b) of Abkari Act, seek anticipatory bail. 2. Admittedly non-bailable warrants of arrest are pending against the petitioners. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioners should not surrender before the Court below and seek regular bail. Accordingly, if the petitioners surrender before the court below and files an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioners and also bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. This Bail Application is, accordingly, disposed of. Dated this the 8th day of April, 2011. V. RAMKUMAR,(JUDGE) ani/