IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7148 of 2010()
1. SHAJI, S/O.PEETHAMBARAN, BHARGAVI
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE EXCISE INSPECTOR, THIRUVALLA.
For Petitioner :SRI.S.HARIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No.7148 of 2010
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DATED: 11.11.2010
O R D E R
Petitioner, who is the 2nd accused in Crime No.71/2006 of
Thiruvalla Excise Range for offences punishable under Sections 8(1)
and (2) and 56 of the Abkari Act, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner in
before the J.F.C.M, Thiruvalla, the case against the petitioner has
re-filed as C.P. No.81/2010. 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 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.
With the above observation this application is disposed of .
V.RAMKUMAR, JUDGE.
sj