GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the accused in Crime No.193/03 of Rajapuram Police Station for an offence punishable under section 55 (g) of the Abkari Act for allegedly having been found in possession of 25 litres of wash on 27.10.2003, seeks anticipatory bail.

(2.) ADMITTEDLY, the case which was taken on file by the J.F.C.M.-II, Hosdurg as C.P.No.35/05 could not be proceeded with due to the abscondence of the petitioner whose case has been transferred to the long pending register as L.P.C.No.53/06 now pending before the J.F.C.M.-I, Hosdurg. Anticipatory bail cannot be granted so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate 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. With this direction, this petition is disposed of.