IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2524 of 2010() ------------------------- CP.66/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- K.N.RIYAS, AGED 28 YEARS, S/O. NASSEM, KALAPPATTIL HOUSE, KOORKANCHERRY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.2524 of 2010 = = = = = = = = = = = = Dated:7th day of July, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.239/2006 of Cherpu Police Station for offences punishable under Sections 55 (a) and (i) of the Abkari Act and whose case is now pending before the J.F.C.M Court-I, Thrissur as C.P. No. 66/2007, 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 Court-I, Thrissur and seeks regular bail. Crl.M.C. No.2524 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. Dated this the 7th day of July, 2010 V. RAMKUMAR, (JUDGE) dmb