IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7238 of 2006()
1. MONEY, AGED 55 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.G.RAJEEVKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/12/2006
O R D E R
V. RAMKUMAR, J.
- - - - - - - - - - - - - - - - -
Bail Application No. 7238 of 2006
- - - - - - - - - - - - - - - -
DATED: 12-12-2006
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole
accused in Crime No. 164/04 of Thrikkunnappuzha Police Station for offences
punishable under Sections 55(a) and (g) read with Sec. 8(1) and 8(2) of the
Abkari Act for allegedly having been found in possession of 20 liters of wash and
5 liters of illicit arrack on 12-11-2004, seeks anticipatory Bail.
2. Consequent on the non-appearance of the petitioner before the
committal court namely, J.F.C.M.-I, Haripad in C.P. 100/06, admittedly, non-
bailable warrant 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 seek regular bail
after surrendering before the magistrate concerned. Accordingly, if the
petitioner surrenders before the committal court within two weeks from today
and files an application for regular bail, the same shall be considered and
disposed of, preferably, on the same day on which it is filed, after considering
the explanation offered by the petitioner for his previous non-appearance.
With the above observation, this bail application is dismissed.
V.RAMKUMAR,
JUDGE.
ani.