IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3431 of 2011() ---------------------------------- (CRIME NO0.44/2008 HOSDURG EXCISE RANGE OFFICE, KASARAGOD DISTRICT) .................... PETITIONER --------------- SIRAJ.N., S/O.ABUBACKER, MAMILLI HOUSE, P.O.PANTHEERANKAVU, KOZHIKODE DISTRICT. BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): STATE ----------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KASARAGOD. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------- Bail Application No. 3431 of 2011 ------------------------------- Dated this the 3 rd day of May, 2011. O R D E R Petitioner who is the sole accused in Crime No. 44 of 2010 of the Excise Range, Hosdurg for an offence punishable under Section 55(a) of the Abkari Act, seeks anticipatory bail. 2. 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.