IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 5280 of 2011() ------------------------- CRIME NO. 22 OF 2008 OF EXCISE RANGE, KUMBALA PETITIONER/ACCUSED ----------------- N.V.SUNILKUMAR, AGED 38 YEARS, S/O.VELAYUDHAN, RESIDING AT NYSSERY, KUNDAM KADADKA, MAVINAKATTA, KOIPADY VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH EXCISE INSPECTOR KUMBLA RANGE, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.5280 of 2011 ------------------------------- DATED: 30-06-2011 O R D E R Petitioner who is the sole accused in Crime No. 22 of 2008 of Excise Range of Kumbala, Kasaragod District for an offence punishable under Section 55 (a) of the Abkari Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 75 of 2011 on the file of the J.F.C.M. , Kasaragod, 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 Bail A.No. 5280 of 2011 -:2:- 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 this the 30th day of June, 2011. V.RAMKUMAR, JUDGE. ani/