IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Crl.MC.No. 1692 of 2008() ------------------------- CP.52/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: 4TH ACCUSED ----------------------- AJIKUMAR, S/O.SUKUMARAN, AGED 37 YEARS, AMRUTHA BHAVAN, S.N.NAGAR, AYATHI, PARANDODE PO, ARYANAD VILLAGE, THIRUVANANTHAPURAM, (ADDRESS SHOWN IN THE CHARGE SHEET IS AJITYHA BHAVAN, POTTENCHIRA, KOTTAKKAKAM WARD., ARYANAD PANCHAYAM AND VILLAGE BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. -------------------------------- Crl.M.C. 1692 of 2008 -------------------------------- Dated this the 18th April, 2006 O R D E R Petitioner who is the 4th accused in Crime No. 11/2006 of Pettah Police Station for the offence punishable under Sec.8(1) and (2) of the Abkari Act seeks a direction to the Addl.C.J.M.Trivandrum, to grant him bail. 2. The learned Public Prosecutor opposed the application. 2. Consequent on his non-appearance in C.P. 52 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 . kvm/- V.K.MOHANAN, JUDGE. kvm/