IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 Crl.MC.No. 1730 of 2008 --------------------------------- (CC NO. 1007/2002 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKKARA CASE AGAINST PETITIONER REFILLED AS CC NO. 9612005 BEFORE THE SAME COURT) PETITIONER: ACCUSED NO.9: ------------------------------------------ MANU, S/O.MADHAVAN UNNITHAN, SIVAPRIYA VEEDU, VAYYANAM, ITTIVA MURI, ITTIVA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ---------------------- THE STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. C.K.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ------------------------------- Crl.M.C. No. 1730 of 2008 ------------------------------- Dated this the 22nd day of April, 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 C.C. No. 961 of 2005 before the J.F.C.M-II, Kottarakkara 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 the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is disposed of. V.K.MOHANAN, JUDGE. rv B.A.No. -:2:-