IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Bail Appl..No. 6580 of 2010() ----------------------------- IN OR 04/08/DRI/KOZHIKODE OF THE ADDL.C.J.M.(E.O) COURT, ERNAKULAM DIST. .................... PETITIONER/1ST ACCUSED ------------------------------------------ MOHAMMED ALSAB, S/O.V.M.MOIDEEN, MANAKKAPARAMBIL HOUSE, KAIPAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI.M.SHAIJU RESPONDENT(S): COMPLAINANT ------------------------------------------------ SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL INTELLIGENCE UNIT, KOZHIKODE, REPRESENTED BY SPECIAL PROSECUTOR. SPCL.PUBLIC PROSECUTOR FOR DRI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 6580 of 2010 * * * * * * * * * * * * * * * * * * Dated : 22nd day of October, 2010 ORDER Petitioner, who is the 1st accused in O.R.04/08/DRI/CRU/Kozhikode on the file of the Additional Chief Judicial Magistrate (E.O) Court, Ernakulam for an offence punishable under Section 135 (i) (ii) of the Customs Act, 1962, seeks anticipatory bail. Consequent on the non-appearance of the petitioner before the said court, non-bailable warrant of arrest are pending against the petitioner. 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 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 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. V. RAMKUMAR, (JUDGE) dmb