IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1076 of 2007()
1. GEORGEKUTTY, S/O.YOHANNAN,
... Petitioner
Vs
1. EXCISE INSPECTOR, EXCISE RANGE OFFICE,
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/02/2007
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 1076 of 2007
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DATED: 19th February, 2007
O R D E R
Petitioner who is the 2nd accused in C.R. 43/04 of
Chadayamangalam Excise Range for offences punishable under
Sections 8(1) and (2) of the Abkari Act for allegedly having been
found in possession of 1 litre of arrack on 5-8-2004, seeks
anticipatory bail.
2. Admittedly, the case is pending before the J.F.C.M.-II,
Kottarakkara as C.P. 197/2006. Presumably, consequent on the
non-appearance of the petitioner before the court, non-bailable
warrants of arrest are pending against him. 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 committal court and seek regular
bail. Accordingly, if the petitioner surrenders before the
Magistrate concerned and files an application for regular bail
within 10 days from today, the same shall be considered and
disposed of preferably on the same date on which it is filed after
Bail A.No.1076/07 -:2:-
examining the explanation offered by the petitioner for his
previous non-appearance.
With the above observation this application is dismissed.
Sd/-V.RAMKUMAR, JUDGE.
ani