IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1821 of 2008()
1. SHAJI,S/O.SADANANDAN,KALLUVILA VEEDU,
... Petitioner
Vs
1. STATE OF KERALA REP.BY THE PUBLIC
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :13/05/2008
O R D E R
V. K.MOHANAN, J.
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Crl.M.C.No. 1821 of 2008
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Dated this the 13th day of May, 2008.
O R D E R
Petitioner who is the accused in C.R.No.53/2005 of
Kottarakkara Excise Range for offence punishable under Section 55
(a) of the Abkari Act, seeks a direction to the J.F.C.M-I, to grant him
bail.
2. The learned Public Prosecutor opposed the application.
3. Consequent on his non-appearance in C.P.No.234 of 2007,
non-bailable warrants of arrest are pending against the petitioner.
This Court will not issue a direction to the court below 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
concerned and seek regular bail. Accordingly, If the petitioner
surrenders before the Magistrate concerned within two weeks from
today and files an application for regular bail, the same shall be
considered and disposed of preferably on the same day on which it is
filed bearing in mind the decision in Sukumari v. State of Kerala
[2001 (1) KLT 22].
With the above observation, this Application is disposed of .
V.K.MOHANAN,
Mbs/ JUDGE.