IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Bail Appl..No. 1790 of 2011() ----------------------------- SC 1812 /2001 IN LP.3/2006 of ADDL.S.C.-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA .................... PETITIONER/ACCUSED ------------------ Ramabhadran, Aged 51 years, S/o. Sreedharan, V.P. No. X/632, Mangalathukonam, Venganoor Village BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. State of Kerala, represented by the Public Prosecutor, High Court of Kerala, Ernakulam 2. Sub Inspector of Police, Balaramapuram Police Station Public Prosecutor Sri. M.S. Breez THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.1790 of 2011 * * * * * * * * * * * * * * * * * * Dated: 3rd March, 2011 ORDER Petitioner, who is the accused in Crime No. 356 of 2000 of Balaramapuram Police Station for an offence punishable under Section 55 (g) of the Abkari Act, and whose case is now pending before the Addl. Sessions Court (Abkari Court), Neyyattinkara as S.C. No. 1812 of 2001, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, the case against him was transferred to the Long Pending Register as L.P. No. 3 of 2006. 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 Court below and seek regular Bail Application No. 1790 of 2011 -:2:- bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of preferably on the same date on which it is filed notwithstanding the pendency of any non- bailable warrants of arrest against him and also bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22 . This Bail Application is, accordingly, disposed of. Dated this the 3rd day of March, 2011. Sd/-V. RAMKUMAR, (JUDGE) ani/ /true copy/ P.S. to Judge