IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2460 of 2010() ------------------------- CP.35/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER: 2ND ACCUSED -------------------------- SURESH KUNNUMMEL, S/O.BALAN, KUNNUMMEL HOUSE, ILLAM MOOLA, PAZHASSI AMSOM AND DESOM, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2460 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Petitioner who is the second accused in Crime No.66/2005 of Mattannur Police Station for offences punishable under Sections 436 & 153 (A) read with Section 34 of I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class, Mattannur as C.P. No.35/2007, 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., Mattannur and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate Crl.M.C.No.2460/2010 : 2 : 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 2nd day of July, 2010. V.RAMKUMAR, JUDGE skj