IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3371 of 2010() ------------------------- CC.17/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): 4TH ACCUSED --------------------------------------------------- SUNNY PHILIP, AGED 46 YEARS, S/O.PHILIP, THERALIYIL HOUSE, ATHIYODI P.P., KOORACHUNDU, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. NASEEMA, W/O.MUSTHAFA, KIZHAKKINAL CHALIL VEEDU, KUNNAMANGALAM, KOZHIKODE 673 571. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.3371 of 2010 = = = = = = = = = = = = = = = Dated:16.08.2010 ORDER Petitioner, who is the accused in Crime No.319/2005 of Kasaba Police Station, Kozhikode for offences punishable under Sections 342 and 365 read with Section 34 IPC and whose case is now pending before the Chief Judicial Magistrate, Kozhikode as C.C.No.17/2008, 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 learned Magistrate 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 against him. Dated this the 16th day of August, 2010 V. RAMKUMAR, (JUDGE) sj