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. 1841 of 2008 --------------------------------- (CRIME NO. 116/2000 OF SANTHANPARA POLICE STATION NOW PENDING AS CP NO. 66/07 OF JFMC, NEDUMKANDAM) PETITIONER: 10TH ACCUSED ------------------------------------------- POULOSE @ BINU, S/O.GEORGE CHALUPARAMBIL VEETTIL, ERATTUKANAM KARA ANAVIRATTY VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE & COMPLAINANT ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTIONS HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE DEVIKULAM POLICE STATION. 3. SUB INSPECTOR OF POLICE SANTHANPARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ 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. 1841 of 2008 -------------------------------- Dated this the 13th day of May, 2008. O R D E R Petitioner who is the 10th accused in Crime No.116 of 2000 of Santhanpara Police Station now pending as C.P.No.66/2007 of the Judicial First Class Magistrate Court, Nedumkandom, registered for the offences punishable under Secs. 143,147,148,341,109,120(B), 307 read with 149 I.P.C. seeks a direction to the J.F.C.M. to grant him bail. 2. The learned Public Prosecutor opposed the application. 3. Consequent on his non-appearance in C.P.No.66 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, JUDGE. Mbs/