IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Crl.MC.No. 1914 of 2008 ---------------------------------- (C.P. NO. 15/08 (CR 20/03) OF CHELANNUR EXCISE RANGE) PETITIONER: PETITIONER/ACCUSED. ----------------------------------------------------- NALINI, W/O.MOHANAN, MALAYIL HOUSE, PADINJATTUM MURI AMSOM, KIZAKKUM MURI DESOM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: RESPONDENT/COMPLAINANT & STATE. -------------------------------------------- 1. THE EXCISE INSPECTOR ,CHELANNUR EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY 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 16/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ------------------------------- CRL.M.C. No. 1914 of 2008 ------------------------------- Dated this the 16th May, 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 CP 15/2008 before the J.F.C.M-I, Kozhikode, (CR No.20/2003 of Chelannur Excise Range), non-bailable warrant of arrest is 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,especially, when there is no need for pre trial detention. 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 her previous non-appearance. With the above observation this application is disposed of . kvm/- V.K. MOHANAN, JUDGE. kvm/-