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. 2521 of 2010() ------------------------- CP.26/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA CRIME NO.35 OF 2008 OF NEYYATTINKARA EXCISE RANGE .................... PETITIONER(S): ACCUSED ---------------------- SNEHALAL @ PYNKILI, S/O.KRISHNAN, ELAVANIKKARA ROADARIKATHU VEEDU, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.C.S.HRITICK 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.2521 of 2010 = = = = = = = = = = = = Dated: 7th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.35/2008 of Neyyattinkara Excise Range for an offence punishable under Section 12 (1) and 55 (g) of the Abkari Act, whose case is now pending before the J.F.C.M Court-I, Neyyattinkara as C.P. No.26/2010, 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, Neyyattinkara and seeks regular bail. Crl.M.C. No.2521 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