High Court Kerala High Court

Shaji vs State Of Kerala on 11 November, 2010

Kerala High Court
Shaji vs State Of Kerala on 11 November, 2010
       

  

  

 
 
  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.
               -------------------------------
                  Bail Application No.7148 of 2010
               -------------------------------
                        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