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RAJESH, S/O.RAJU v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 289 of 2007  RD-KL 1455 (18 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 289 of 2007()
1. RAJESH, S/O.RAJU,
1. STATE OF KERALA, REPRESENTED BY
2. EXCISE INSPECTOR, PATHANAPURAM.
For Petitioner :SRI.K.JAYAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
B.A.No.289 of 2007
Dated this the 18th day of January, 2007.
ORDERPetitioner, who is the sole accused in C.R.No.68 of 2004 of Pathanapuram Excise Range for offences punishable under Section 8 (1) and (2) of Abkari Act for allegedly having been found in possession of 5 litres of illicit arrack on 16.6.2004, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner before the J.F.C.M.-I, Punalur where the case is pending as C.P.No.124 of 2006, non-bailable warrant is 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 Magistrate concerned 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 after examining the petitioner's explanation for his previous non- appearance. With this direction, this application is disposed of. V.Ramkumar, Judge. ess 18/1
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