IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.MC.No. 903 of 2008() ---------------------------- CRIME NO. 45 of 2008 of VANDIPERIYAR POLICE STATION .................... PETITIONER: ACCUSED ------------------- UMA, AGED 35 YEARS, D/O. RAGHAVAN, KAZHUVUMEKKAL HOUSE, PASUMALA, MANJUMALA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 903 of 2008 = = = = = = = = = = = = = = Dated this the 29th day of February, 2008 ORDER Petitioner, who is the accused in Crime No. 45 of 2008 of Vandiperiyar Police Station for offences punishable under Sections 305 and 309 IPC and whose case is pending before the J.F.C.M-I, Peermade seeks a direction to the said Magistrate to release the petitioner on bail on the date of her 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 learned Magistrate and seeks regular bail. Accordingly, this Criminal Miscellaneous Case 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, her bail application shall be considered and disposed of on merits preferably on the same date on which it is Crl.M.C.No.903 of 2008 2 filed notwithstanding the pendency of non bailable warrants, if any, against her. Considering the fact that the petitioner is a lady, the learned Magistrate may also examine the applicability of proviso to Section 437 Cr.P.C. V. RAMKUMAR, JUDGE. rv