Nalini vs The Excise Inspector on 16 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1914 of 2008()


1. NALINI, W/O.MOHANAN, MALAYIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE EXCISE INSPECTOR ,CHELANNUR EXCISE
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :16/05/2008

 O R D E R
                          V. K.MOHANAN, J.
                         -------------------------------
                      CRL.M.C. No. 1914 of 2008
                         -------------------------------
                    Dated this the 16th May, 2008.

                                  O R D E R

In this petition filed under Sec. 482 Cr.P.C. the petitioner prays

for a direction to the Magistrate to dispose of his application for regular

bail.

2. Consequent on the non-appearance of the petitioner in CP

15/2008 before the J.F.C.M-I, Kozhikode, (CR No.20/2003 of Chelannur

Excise Range), non-bailable warrant of arrest is pending against the

petitioner. This court will be loathe to issue any direction 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,especially, when there is no need for

pre trial detention. 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 her previous non-appearance.

With the above observation this application is disposed of .

kvm/-                                                V.K. MOHANAN, JUDGE.

kvm/-