IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3183 of 2011() ----------------------------------------- EXCISE O.R. NO.14/2007 OF CHITTAR EXCISE RANGE, PATHANAMTHITTA DIST. .................... PETITIONER/ACCUSED ---------------------------------- RAJESH, AGED 28 YEARS, S/O. RAJAPPAN PILLA, KOTTARATHIL VEETIL, KADAMANKUNNU, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH, SRI.PRAKASH KESAVAN. RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------- 1. THE EXCISE INSPECTOR, CHITTAR EXCISE RANGE, PATHANAMTHITTA DIST., PIN - 689 663. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ------------------------------- Bail Application No.3183 of 2011 ------------------------------- DATED: 3-5-2011 O R D E R Petitioner who is the sole accused in O.R. 14 of 2007 of Chittar Excise Range, Pathanamthitta for an offence punishable under Section 8 (1) & (2) of the Abkari Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 76 of 2008 on the file of the J.F.C.M. I, Ranni, 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 3rd day of May, 2011. V.RAMKUMAR, JUDGE. B.A. No. 3183 of 2011 -:2:-