IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 Bail Appl..No. 251 of 2011() ---------------------------------------- CP.178/2010 of J.M.F.COURT-I, PATHANAMTHITTA CRIME NO. 63/2010 OF EXCISE RANGE IN PATHANAMTHITTA DISTRICT .................... PETITIONER/ ACCUSED ------------------------------------ SHAMALA, AGED 40 YEARS, W/O.SUKUMARAN, BLOCK NO.69, EZHIKKADU HARIJAN COLANY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE, KOZHENCHERRY. BY ADV. SRI.AJITH MURALI RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No. 251 of 2011 ------------------------------- Dated this the 10th day of January, 2011 O R D E R Petitioner who is the sole accused inc.R. No. 63 of 2010 of Pathanamthitta Excise Range for an offence punishable under Sec. 8 (1) and (2) of the Abkari Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 178 of 2010 on the file of the J.F.C.M.I, Pathanamthitta, 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 Bail A.No. 251 of 2011 -:2:- 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 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 10th day of January, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge