RAVEENDRAN KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the sole accused in Crime No.32/98 of Nedumangad Excise Range for offences punishable under Secs. 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 22 liters of illicit arrack on 26-5-1998, seeks anticipatory bail. Consequent on the non-appearance of the petitioner in C.P. 128/01 on the file of the J.F.C.M., Kattakkada, 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. It is for the petitioner to seek regular bail after surrendering before the concerned Magistrate's Court. Accordingly, if the petitioner surrenders before the magistrate court 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, examining the explanations offered by the petitioner for his previous non-appearance. With the above observation this application is dismissed.