IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Bail Appl..No. 7031 of 2010() ------------------------------------------- (SC NO.440/09 OF II ADDL.SESSIONS COURT, PALAKKAD) ... (O.R.NO.23/2000 OF MUKKALI FOREST RANGE OFFICE,MALAPPURAM) ...... PETITIONER(S): ACCUSED NO.3: -------------------------------------------------- IBRAHIM, S/O.KUNHIMOHAMMED, AGED 48 YEARS, PANPAMKADAN, MALIYEKKAL, KALIKAVU P.O., MALAPPURAM. BY ADVS. SRI.K.M.JAMALUDHEEN, SMT. LATHA PRABHAKARAN. RESPONDENT(S): COMPLAINANT-STATE: --------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7031 of 2010 ------------------------------------------------ Dated this the 9th day of November, 2010 ORDER The petitioner, who is accused No.3 in O.R.No.23 of 2000 of Mukkali Forest Range Office for offences punishable under Sections 8(1) & 20(b) of NDPS Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.C.No.440 of 2009 on the file of the II Additional Sessions Court, Palakkad, 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 II Additional Sessions Judge and seek regular bail. Accordingly, if the petitioner surrenders before the II Additional Sessions Judge, Palakkad, and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably Bail Appln.No.7031/2010 : 2 : 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj