IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Bail Appl..No. 3601 of 2011() ----------------------------- CR NO.52/2007 OF KUMBLA EXCISE RANGE PETITIONER: ACCUSED --------------------------- JAYARAM SHETTY, S/O.GANGADHARA SHETTY, AGED 35 YEARS, ARWAR HOUSE, KUNJATHUR, KASARAGODE TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE CIRCLE INSPECTOR OF EXCISE, KASARAGODE-671301.. 2. EXCISE RANGE OFFICER, KUMBLA, KASARAGODE-671312. 3. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3601 of 2011 ------------------------------------------------ Dated this the 25th day of May, 2011 ORDER Petitioner, who is the accused in C.P.No.155 of 2011 on the file of the Judicial Magistrate of the First Class, Kasaragod, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.155 of 2011 on the file of the Judicial Magistrate of the First Class, Kasaragod, 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 bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22 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 25th day of May, 2011. V.RAMKUMAR, JUDGE. skj