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K.J. BIJU, S/O.JANARDHANAN versus THE CIRCLE INSPECTOR OF EXCISE

High Court of Kerala

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K.J. BIJU, S/O.JANARDHANAN v. THE CIRCLE INSPECTOR OF EXCISE - Bail Appl No. 500 of 2007 [2007] RD-KL 2804 (7 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 500 of 2007()

1. K.J. BIJU, S/O.JANARDHANAN,
... Petitioner

Vs

1. THE CIRCLE INSPECTOR OF EXCISE,
... Respondent

2. THE STATE OF KERALA, REP. BY THE

For Petitioner :SRI.N.RATHEESH

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :07/02/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 500 OF 2007 B ````````````````````````````````````````````````````

Dated this the 7th day of February, 2007

O R D E R

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.

(V. RAMKUMAR, JUDGE)

aks


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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