K J BIJU Vs. CIRCLE INSPECTOR OF EXCISE

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the 3rd accused in C.R. No.41/2005 of Pathanapuram Excise Range for offences punishable under Secs. 8(1), 8(2) and 67B of the Abkari Act for allegedly procuring 315 liters of spirit on 26.4.2005, seeks anticipatory bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Consequent on the non-appearance of the petitioner before the JFCM-III, Punalur in C.P.No.65/2006, non-bailable warrants of arrest are pending against him. Anticipatory bail cannot be granted in a case of this nature to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within two weeks 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. This application is disposed of as above.