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. 3068 of 2008() ------------------------------------------ (C.R.NO.44/2005 OF KASARAGODE EXCISE RANGE) PETITIONER:ACCUSED: ------------------------------------- JAYAKUMAR, S/O.RAMAN, KASABA VILLAGE, BEACH ROAD, NELLIKKUNNU, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------------------------------------ 1. THE EXCISE RANGE OFFICER, KASARAGOD. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. K.MOHANAN, J. -------------------------------- B.A.No. 3068 of 2008 -------------------------------- Dated this the 16th day of May, 2008. O R D E R Petitioner, who is the accused in C.R.No. 44/2005 of Kasaragode Excise Range for an offence punishable under Sec. 55(a) of the Abkari Act for allegedly having been found transporting 200 packets each containing 100 ML of arrack in a plastic bag near a place called Nellikunnu, 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.64 of 2008, non-bailable warrant of arrest is 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 . Mbs/ V.K.MOHANAN,JUDGE.