IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 2022 of 2010() ------------------------- LPR.138/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): THIRD ACCUSED --------------------------------------------------- JOSHY, S/O.BHARATHAN, CHANADIKKAL HOUSE, EDAVILANGU, EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): COMPLAINANT --------------------------------------------------------- STATE OF KERALA, REP. BY SUB-INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.2022 of 2010 = = = = = = = = = = = = = = = Dated:10.06.2010 ORDER Petitioner, who is the 3 rd accused in Crime No. 701/2008 of Kodungallur Police Station for offences punishable under Sections 143,147,148,452,427,308 and 436 read with 149 IPC and whose case is now pending before the J.F.C.M, Kodungallur as L.P.R. No.138/2009 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. 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 10th day of June, 2010 V. RAMKUMAR, (JUDGE) sj