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ANIL PRASAD S/O.SIVA PRASAD v. STATE OF KERALA - Bail Appl No. 3163 of 2007  RD-KL 8980 (30 May 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 3163 of 2007()
1. ANIL PRASAD S/O.SIVA PRASAD,
1. STATE OF KERALA,
For Petitioner :SRI.V.V.RAJA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No.3163/2007
O R D E RPetitioner who is the second accused in Crime No.39/1999 of Chathannoor Excise Range for an offence punishable under Section 8(2) of the Abkari Act, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner, the case against the petitioner has been transferred and re-filed as C.P. No.30/2003 on the file of the J.F.C.M-I, Paravoor. Admittedly, non-bailable warrants of arrest are pending against the petitioner. 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 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 day on which it is filed after considering the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is disposed of. V.RAMKUMAR,
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