IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Bail Appl..No. 7157 of 2010() ----------------------- CC.120/1991 of ADDL.C.J.M.(E&O),ERNAKULAM .................... Petitioner/accused ---------------- K.V. Ismail, S/o. Kunhimahin Haji, Kinakkool, Vayalappathil Veedu, Irikkoor, Kannur District BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. Union of India, represented by the Assistant Collector Special Customs Prventive Division, Kozhikode. 2. The State of Kerala, Represented by Public Prosecutor High Court of Kerala Adv. Sri.C.P. Udayabhanu for R1 Public Prosecutor Sri. M.S. Breeze for R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 7157 of 2010 ------------------------------- DATED: 3-11-2010 O R D E R Petitioner who is the accused in c.C. No. 120 of 1991 of Addl. Chief Judicial Magistrate (Economic Offences), Ernakulam for an offence punishable under Section 135 (1) of the Customs Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, 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 Addl. Chief Judicial Magistrate (Economic Offences), Ernakulam and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within four 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 previous non-appearance. With the above observation this application is disposed of . Dated: 3rd Nov. 2010 V.RAMKUMAR, JUDGE. ani