IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 6319 of 2010() ---------------------------------- (CP.69/2010 of J.M.F.C.,CHITTUR CRIME NO.237/2009 OF THE PUDUNAGARAM POLICE STATION, PALAKKAD DISTRICT) .................... PETITIONER(S)/ACCUSED NO.2 -------------------------------------- VINU VISWAM, VIKAS BHAVAN, ADAMPILLI HOUSE, VENNALA.P.O., KOCHI-28. BY ADV. SRI.LIJU. M.P RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF OLICE, PUDUNAGARAM POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ........................................................ Bail Application No. 6319 of 2010 .......................................................... Dated this the 5th day of October, 2010 ORDER Petitioner who is the 2nd accused in Crime No. 237 of 2009 of Pudunagaram Police Station for an offence punishable under Section 55 (a) of the Abkari Act, and whose case is now pending before the J.F.C.M., Chittur as C.P. No. 69 of 2010, seeks anticipatory bail. Consequent on the non-appearance of the petitioner before the Sessions Court, Palakkad, non-bailable warrant of arrest are pending against the petitioners. 2. 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 Sessions Court and seek regular bail. Accordingly, if the petitioner surrenders before the Sessions Court and files an application for regular bail within two weeks from today, the B.A. No. 6319 of 2010 -:2:- same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. This Bail Application is, accordingly, disposed of. Dated, this the 5th day of October, 2010. V. RAMKUMAR, (JUDGE) “The words “Sessions Court” occurring in the 4th line of the 2nd paragraph of the final order dated 05-10-2010 in B.A. 6319 of 2010 are substituted by the words “Judicial First Class Magistrate Court, Chittur” as per order dated 4-11-2010 in Crl. M.A. No. 6957 of 2010 in B.A. No. 6319 of 2010”. ani.