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. 1848 of 2008 --------------------------------- CC.552/2006 OF JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .......................................... PETITIONER: ----------------- TOM KURIAN, S/O KURIAN JOSEPH, VAYALIL HOUSE, ANAKALLU P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: STATE --------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C.SANTHOSHKUMAR 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. 1848 of 2008 -------------------------------- Dated this the 13th day of May, 2008. O R D E R Petitioner, who is the 1st accused in Crime No.110/2006 of Erattupetta police station for offences punishable under Sections 406 and 420 read with Sec. 34 of the Indian Penal Code, seeks a direction to the J.F.C.M Erattupetta, to grant him bail. 2. The learned Public Prosecutor opposed the application. 3. Consequent on his non-appearance in C.C. No. 552 of 2006, 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 CRMC No. 1848 OF 2008 2 decision in Sukumari v. State of Kerala [2001 (1) KLT 22]. With the above observation, this Application is disposed of . V.K.MOHANAN, JUDGE. ttb