IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1263 of 2010() ------------------------- CP.118/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): --------------- O.P.NAZER, S/O. MUHAMMED AGED 41 YEARS, PANAPPUZHA AMSOM, ERIUM DESOM, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): STATE AND THE DE-FACTO COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, (THE SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, CRIME NO.267/1995) RPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KADAYAKKARA ALI, S/O. HASSAN, AGED 60 YEARS, ALAKKAD, PANAPPUZHA AMSOM DESOM, ERIUM.P.O., MATHAMANGALAM BAZAR VIA., KANNUR DISTRICT. ADV. SRI.B.HARISH KUMAR FOR R2 BY PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.1263 of 2010 = = = = = = = = = = = Dated: 26th day of May, 2010 ORDER Petitioner, who is the accused in Crime No. 267/1995 of Payyaanur Police Station, for offences punishable under Sections 143, 147, 148, 324 and 307 IPC read with Section 149 of IPC and whose case is now pending before the Judicial First Class Magistrate Court, Payyanur as C.P. No.118/2000 (L.P.C.No.155/2002), seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. The circumstances under which those non-bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the J.F.C.M. and seeks regular bail. Crl.M.C. No.1263 of 2010 2 Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants against him. Dated this the 26th day of May, 2010 V. RAMKUMAR, (JUDGE) dmb