IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Bail Appl..No. 2460 of 2011() ----------------------------- C.R. NO. OF 2008 OF KUMBALA EXCISE RANGE, KASARAGOD CP.269/2010 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED -------------------- SUNDARA, 43 YEARS, S/O.LATE KUNHIRAMA BELCHAPPADA, KANDATHAD, PAIVALIKE VILLAGE AND POST, KASARGOD TALUK. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): RESPONDENT & STATE --------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, KUMBLA EXCISE RANGE, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2460 of 2011 ------------------------------- DATED: 25-03-2011 O R D E R Petitioner who is the accused in C.R. No. 20 of 2008 of Kumbala Excise Range for an offence punishable under Sec. 55 (a) of Abkari Act and whose case is now pending before the J.f.C.M. , Kasaragod as C.P. No. 269 of 2010, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, 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 bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22 . With the above observation this application is disposed of . Dated this the 25th day of March, 2011. V.RAMKUMAR, JUDGE.