IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Crl.MC.No. 2615 of 2010() ------------------------- LP.73/2009 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER(S): ACCUSED NO.3 --------------------------- AJI @ SUNIL, AGED 28 YEARS, S/O.BHASKARAN NAIR, KODOTH HOUSE, PANNIALY OMALLOOR, PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KRALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.2615 of 2010 = = = = = = = = = = = = Dated: 15th day of July, 2010 ORDER Petitioner, who is the 3rd accused in Crime No.568/2003 of Chingavanam Police Station for an offence punishable under Section 55(a) and (i) of the Abkari Act and whose case is now pending before the J.F.C.M Court, Changanassery as L.P. No. 73/2009, 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 Court, Changanassery and seeks regular bail. Crl.M.C. No.2615 of 2010 2 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. The petitioner may also highlight the fact that the co-accused in the case have already been acquitted after trial. Dated this the 15th day of July, 2010 V. RAMKUMAR, (JUDGE) dmb