IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Bail Appl..No. 2537 of 2010() ----------------------------- (OR NO.8/2000 OF KUMBALA EXCISE RANGE, KASARAGOD DISTRICT) PETITIONER/ACCUSED ---------------------------- K.P.MUSTHAFA,S/O.MUHAMMED,NALANKERI DESOM,KOLARI AMSOM,THALASSERY TALUK. BY ADV. SRI.SOJAN MICHEAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,(EXCISE INSPECTOR, KUMBLA),REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Bail Appl.No.2537 of 2010 -------------------------------------- Dated this the 1st day of June, 2010 ORDER Petitioner who is the sole accused in O.R.No.8/2000 on the file of Kumbla Excise Range, Kasaragod District seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M Court, Kasaragod, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.18/2004. 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 B.A.No.2537/2010 : 2 : previous non-appearance. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE. skj