IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Crl.MC.No. 3011 of 2008() ------------------------- AGAINST THE ORDER IN CC.1047/2003 IN LP.51/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER: ------------ SEBY JOSEPH, S/O. APPACHAN, AGED 44 YEARS, PROPRIETOR, VIMALA AGENCIES,VADASSERY HOUSE, PUTHENCHANDA, MUNDAKKAYAM, KOTTAYAM DISTRICT BY ADV. SRI.SUJITH MATHEW JOSE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. FOSTER FOODS PVT. LTD. VARADIYAN, THRISSUR - 6580 547 REPRESENTED BY K.K. VELAYUDHAN BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3011 of 2008 * * * * * * * * * * * * * * * * * * Dated : 8th August, 2008 ORDER Petitioner who is the accused in C.C. No. 1047 of 2003 on the file of the J.F.C.M. Kunnamkulam for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and whose case is now pending before the above Court as L.P. No. 51 of 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 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. V. RAMKUMAR, (JUDGE) ani ani.