IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 1868 of 2010() ----------------------------- (CRIME NO.138/2003 OF KURUPPAMPADY POLICE STATION IN SC.254/2005 of ADDL.SESSIONS COURT, ADHOC II, ERNAKULAM) .................... PETITIONER/3RD ACCUSED ------------------------------------------ SHOWKATH ALIKHAN, S/O.KASIM RAWTHER, AGED 32, MANGATTU, KARIKODE, THODUPUZHA. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, KURUPPAMPPADY POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1868 of 2010 ------------------------------- DATED: 6/4/2010 O R D E R Petitioner who is the 3rd accused in Crime No.138 of 2003 of Kuruppampady Police Station for offences punishable under Sections 55 (a) (i) of the Abkari Act seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 1/2004 on the file of the J.F.M.C. Perumbavoor,the case against the petitioner has been transferred to the court of Additional Sessions Judge (Adhoc-II) Ernakulam as S.C. No.254/2005. 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 one month 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 . V.RAMKUMAR, JUDGE. dpk