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BENSILIN,AGED 50,S/O.SEBASTIAN v. STATE OF KERALA REP.BY PUBLIC - Bail Appl No. 3435 of 2007  RD-KL 9969 (11 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 3435 of 2007()
1. BENSILIN,AGED 50,S/O.SEBASTIAN,
1. STATE OF KERALA REP.BY PUBLIC
2. THE EXCISE INSPECTOR,VARKALA EXCISE
For Petitioner :SRI.JAISON JOSEPH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No.3435/2007
O R D E RPetitioner who is the second accused in C.R. No.1/2004 of Varkala Excise Range for an offence punishable under Section 55(g) of the Abkari Act, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner in C.P. No.75/2005 of J.F.C.M, Varkala, 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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