IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 721 of 2008() ------------------------ CP.190/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER: ------------ PRATHAPAN @ PRATHAPACHANDRAN, S/O. KRISHNAN, PANNIYODAN VEETTIL HOUSE, REENA NIVAS, PUNNAD P.O. KANNUR DISTRICT BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, IRITTY POLICE STATION 2. THE DEPUTY SUPERINTENDENT OF POLICE. CBCID, KANNUR 3. STATE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-02-2008 , THE COURT ON 18/02/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 721 of 2008 * * * * * * * * * * * * * * * * * * Dated: 18th February 2008 ORDER Petitioner who was the accused in Crime No. 145 of 2005 of Iritty Police Station, renumbered as Cr. No. 150/CR/2005 of CBCID, Kannur and whose case is now pending before the J.F.C.M., Mattannur for offences punishable under Sections 143, 147, 448, 436, 395 and 427 read with Sec. 149 and 153 (A) I.P.C. 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. 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, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance. V. RAMKUMAR, (JUDGE) ani ani.