IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SATURDAY, THE 18TH DECEMBER 2010 / 27TH AGRAHAYANA 1932 Bail Appl..No. 8468 of 2010() ---------------------------------- (CRIME NO.8/2009 OF BANDADUKA EXCISE RANGE, KASARGOD DISTRICT, BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARGOD AS CP.NO.292/2010) ............ PETITIONER/ACCUSED ---------------------------- DEVAKI, AGED 43 YEARS, W/O. BALAKRISHNAN, RESIDING AT IYYAMTHALAM HOUSE, BANDADUKA VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S)/COMPLAINANT & STATE -------------------------------------------------- THE STATE OF KERALA RE. BY EXCISE PREVENTIVE OFFICER, BANDADUKKA EXCISE RANGE, KASARGOD DISTRICT REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8468 of 2010 ----------------------------------------------------- Dated this the 17th day of December, 2010 ORDER Petitioner, who is the sole accused in CR.No.8 of 2009 of Bandaduka Excise Range, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.292 of 2010 on the file of the Judicial Magistrate of the First Class, Kasaragod, 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 her previous non-appearance. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. skj