IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Bail Appl..No. 3134 of 2008 ------------------------------------- (CRIME NO. 63/97 OF THE EXCISE RANGE OFFICE, CHATHANNOOR CC.248/2005 of J.M.F.C., PARAVOOR) .................... PETITIONER/3RD ACCUSED: ---------------------------------------- BHADRAKUMAR B., S/O.BHARGAVAN, PARANKIMAMVILA VEEDU, EZHUKONE CHERRI, EZHUKONE VILLAGE. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: COMPLAINATNT: ------------------------------------------------- 1. THE EXCISE INSPECTOR, CHATHANNOOR EXCISE RANGE, CHATHANNOOR, KOLLAM. 2. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. BY PUBLIC PROSECUTOR SRI. K.C.SANTHOSHKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ------------------------------- Bail Application No. 3134 of 2008 ----------------------------------------------- Dated this the 16th day of May, 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. 248 of 2005 before the J.F.C.M, Paravoor non-bailable 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 B.A. No. 3134 OF 2008 2 the explanation offered by the petitioner for his previous non- appearance. With the above observation this application is disposed of. V.K.MOHANAN, JUDGE ttb