GEORGEKUTTY YOHANNAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) 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 examining the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is dismissed.