IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Crl.MC.No. 1843 of 2008 ---------------------------------- C.C.NO.53/2005 OF JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER/ ACCUSED: ----------------------------------- P.C.PRASAD, KOUSTHUBHAM, KULLAMULLAKANDIPARAMBU, (MADHAVAN NAIR PARAMBU), NADUVATTOM, BEPPOOR NORTH, NEAR PREMIER CHAPPELL, KOZHIKODE-673015. BY ADV. SRI.C.C.THOMAS (SR.), SRI.NIREESH MATHEW. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------ 1. V.SIVAPRASAD, SIVASADANAM, PULIYOOR P.O., CHENGANNUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. -------------------------------- Crl.M.C.No. 1843 of 2008 -------------------------------- Dated this the 13th day of May, 2008. O R D E R Petitioner, who is the accused in CC. No.53/2005 on the file of the Juditial First Class Magistrate Court-I, Chengannur for an offence punishable under Section 138 of the Negotiable Instruments Act, seeks a direction to the J.F.C.M-I Chengannur, to grant him bail. 2. The learned Public Prosecutor opposed the application. 3. Consequent on his non-appearance in CC. No.53/2005, 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 CRMC No. 1843 OF 2008 2 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, JUDGE. ttb