IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 7840 of 2010() ---------------------------------------- ( CRIME NO. 2/2009 OF ANCHAL EXCISE RANGE, CP.95/2010 of J.M.F.C.-I, PUNALUR, KOLLAM DISTRICT.) .................... PETITIONER/ ACCUSED 1 & 2 --------------------------------- 1. SARASWATHY, D/O.CHELLAMMA, KALLUKUZHIYIL VEEDU, CHOZHIYAKKODU, KULATHUPUZHA VILLAGE, PATHANAPURAM TALUK. 2. AJI, S/O.SUKUMARAN, HOUSE NO.KP X-325, KOUSALYA KUNNU, CHOZHIYAKKODU, KULATHUPUZHA VILLAGE, PATHANAPURAM TALUK. BY ADVS. SRI. K.SIJU KAMALASANAN SMT.BINDU GEORGE RESPONDENT(S): -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, ANCHAL EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No.7840 of 2010 ------------------------------- Dated this the 6th day of December, 2010. O R D E R Petitioners who are accused Nos. 1 and 2 in C.P. No.95 of 2010 on the file of Judicial First Class Magistrate-I, Punalur, 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 Magistrate and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate and file 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 petitioners and also after considering the explanation offered by the petitioners for his previous non-appearance. With the above observation this application is disposed of . Dated this the 6th day of December, 2010. V.RAMKUMAR, JUDGE. rv