IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.MC.No. 2633 of 2010() ------------------------- AGAINST THE ORDER IN LP 2/2009 IN CP.102/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): ------------------------ SAIFER @ ARSHAD, S/O.SALAHUDEEN NISHAD MANZIL, CHALLIMUKKU, CHIRAVOOR MURI, CHITHARA VILLAGE, KODAKKAL, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ---------------------------- STATE OF KERLAA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KADAKKAL, KOLLAM DISTRICT THROUTH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============================= Crl.M.C. No.2633 of 2010 .=============================== Dated: 12.07.2010 ORDER The petitioner, who is the accused in Crime No.170/2003 of Kadakkal Police Station for offences punishable under Sections 450 and 376 read with 34 IPC and whose case is pending as L.P.No.2/2009 on the file of the J.F.C.M-II, Kottarakkara 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, he shall be released on bail on appropriate conditions. The Magistrate shall thereupon comply with Section 207 Cr.P.C and commit the case to the Court of Session where the case against A2 and A3 is pending as S.C.No.524/2007 so that this case also can be tried along with S.C.No.524/2007. V. RAMKUMAR, (JUDGE) sj