IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2251 of 2010() ------------------------- LPC.90/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): --------------- SULAIMAN, AGED 43 YEARS, S/O.HAMSA, ELODATH HOUSE,MADAYI AMSOM, MUTTOM, P.O.VENGARA,KANNUR. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASYA, AGED 33YERAS, D/O.ABDULRAHMAN, ERAMULLAN VALIYA MADATHUMMAL, MOTTAMBRAM, P.O.MADAYI, KANNUR. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No. 2251 of 2010 = = = = = = = = = = = Dated: 23rd day of June, 2010 ORDER Petitioner, who is the accused in Crime No. 210/2000 of Pazhayangadi Police Station for offences punishable under Sections 366, 354 and 323 IPC and whose case is now pending before the J.F.C.M Court, Payyannur as L.P.C No.90/2002, 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, Payyannur and seeks regular bail. Crl.M.C. No. 2251 of 2010 2 3. 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. The petitioner will also be entitled to inform the learned Magistrate that the dispute between the parties has been subsequently settled. Dated this the 23rd day of June, 2010 V. RAMKUMAR, (JUDGE) dmb