IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Bail Appl..No. 3022 of 2008() ---------------------------------------- CR NO.260/2004 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ..... PETITIONER ------------------- SHAJI K.JOSE,AGED 37 YEARS, S/O. K.D. JOSE, KURISINGAL HOUSE, PARAPPURAM DESHAM, ARPOOKARA VILLAGE , EAST P.O.,KOTTAYAM BY ADV. SMT.SANDHYA RAJU SMT.P.A.JAIMOLE RESPONDENT: ---------------------- STATE OF KERALA REPRESENTED BY PUBLICB PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSHKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. -------------------------------- Bail Application No. 3022 of 2008 -------------------------------- Dated this the 16th day of May, 2008. O R D E R Petitioner who is the 4th accused in Crime No. 260/2004 of the Central Police Station, Kochi for offences punishable under Sections 420, 466 and 471 read with Section 34 of I.P.C, seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Consequent to his non-appearance in C.P. of 200, 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. B.A. No. 3022 OF 2008 2 State of Kerala [2001 (1) KLT 22]. With the above observation, this Application is disposed of . V.K.MOHANAN, JUDGE. ttb