IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2075 of 2009() --------------------------------------- CRIME NO.218/2001 OF OACHIRA POLICE STATION. CP.102/2007 of J.M.F.C. - I, KARUNAGAPPALLY .................... PETITIONER (S): ACCUSED -------------------- REMANI, D/O.GOMATHY AMMA, AGED 42 YEARS, VIJESH BHAVAN, NJAKKANAL MURI, OACHIRA VILLAGE, KOLLAM DISTRICT. BY ADV. MR. K.SIJU MR.A.MUHAMMED RAFFI RESPONDENT(S): ------------------------ STATE OF KERALA REPRESENTED BY S.I OF POLICE, OACHIRA POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTORMR.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ------------------------------- Bail Application No. 2075 of 2009 ------------------------------- Dated this the 21st day of April, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner, who is the sole accused in Crime No.218/2001 of Oachira Police Station for an offence punishable under Sec.55(a) of the Abkari Act, seeks anticipatory Bail. 2. Consequent to the non-appearance of the petitioner in C.P. No.102/2007 before the J.F.C.M., Karunagappally, non- bailable warrants of arrest are pending against the petitioner. This court will be loathe to issue any direction so as 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. With the above observation this application is disposed of. V.K.MOHANAN, JUDGE MBS/