IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1378 of 2008 ------------------------- SC.599/2005 of ASSISTANT SESSIONS COURT, PAYYANNUR .................... PETITIONER: ACCUSED NO.4 ------------------------ C.M.T.FAROOQ, AGED 27 YEARS, S/O.MOHAMMED KUNJU, VADAKUMBAD P.O., RAMANTHALI AMSOM, KANNUR DISTRICT. BY ADV. SRI.P.M.HABEEB RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.359 OF 2004 OF PAYYANNUR POLICE STATION). BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1378 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of April , 2008 ORDER The Petitioner, who is the 4th accused in Crime No.359 of 2004 of Payyannur Police Station for offences punishable under Sections 143,147,148,341,323,308, 427 read with Section 149 I.P.C. and whose case is now pending before the Sub Court/Asst.Sessions Court, Payyannur as S.C.No.599 of 2005 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 Criminal Miscellaneous Case 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 non bailable warrants, if any, against him. ks. V. RAMKUMAR, JUDGE