IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 1219 of 2009() ----------------------------- CRIME NO. 178/99 OF VALLIKKUNNAM POLICE STATION PETITIONER (S): ACCUSED:- -------------------- KUMAR, AGED 29 YEARS, S/O.SHANTHA, PUTHUVELIL, VALLIKKUNNAM MURI, VALLIKKUNNAM VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY S.I. OF POLICE, VALLIKKUNNAM BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1219 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of March, 2009 O R D E R Petitioner who is the accused in Crime No. 178/99 of Vallikkunnam Police Station for offences punishable under Section 55 (a) of the Abkari Act seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 96/99 of the Judicial First Class Magistrate Court, Kayamkulam, 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.