IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 Bail Appl..No. 2650 of 2008() ----------------------------- (C.C. NO. 17/2005 OF THE COURT OF THE SPECIAL JUDGE, (CBI-I) , ERNAKULAM). ............ PETITIONER/ACCUSED NO.8: ------------------------------------------ MARTIN THOMAS, S/O. LATE T.K.THOMAS, THADATHIL VEEDU, ELAMDESAM P.O., THODUPUZHA. (FORMER AGRICULTURAL OFFICER, KRISHI BHAVAN, VELLIYAMATTOM, IDUKKI DISTRICT.). BY ADV. SRI.B.RAMAN PILLAI RESPONDENTS: COMPLAINANT & STATE ---------------------------------------------------------- 1. CBI, COCHIN, REP. BY THE STANDING COUNSEL FOR CBI, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Bail Application No.2650 of 2008 -------------------------------- Dated this the 22nd day of April, 2008 O R D E R In this petition filed under Sec. 438 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 C.C.No.17/05 before the Special Judge (SPE/CBI)-I, Ernakulam warrants of arrest are 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. 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.K.MOHANAN, JUDGE jsr