IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 Bail Appl..No. 1312 of 2011() ------------------------------------- (CP 64/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD IN CRIME NO.11/2009 OF KUZHALMANNAM EXCISE RANGE) PETITIONER/ACCUSED: -------------------------------------- BALAN @ BALAKRISHNAN, S/O.RAMANKUTTY, OREKKADU, PERINGOTTUKURISSI, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT/RESPONDENT: ------------------------------------------ STATE REPRESENTED BY EXCISE INSPECTOR, KUZHAKMANNAM RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KRK V. RAMKUMAR, J. ------------------------------- Bail Application No.1312 of 2011 ------------------------------- DATED: 17-02-2011 O R D E R Petitioner who is the sole accused in Crime No. 11 of 2008 of Kuzhalmannam Excise Range for offences punishable under Sections 55(g), 8(1) and 8(2) of the Abkari Ac, and whose case is now pending before the J.F.C.M. I, Palakkad as C.P. No. 64 of 2010, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner, 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 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 18th day of February, 2011. V.RAMKUMAR, JUDGE. ani/