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. 1716 of 2008 ---------------------------------- (C.C. NO. 1026/2002 OF J.F.C.M. COURT-II, KOTTARAKKARA CASE AGAINST PETITIONER REFILED AS C.C. NO. 898/2005 BEFORE THE SAME COURT) ................ PETITIONER/ ACCUSED NO. 7: -------------------------------------------- MANU, S/O. OF MADHAVANB UNNITHAN, SIVAPRIYA VEEDU, ITTIVA MURI, ITTIVA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ. RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, CHADAMANGALAM 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.1716 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.1026/2002 refiled as C.C.No.898/2005 before the Judicial First Class Magistrate Court 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 jsr