IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 2129 of 2010() ------------------------- CC.670/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KASARAGOD .................... PETITIONER/ACCUSED --------------------------------- ABBAS NELLIKKAT, S/O.LATE ABOOBACKER, RESIDING AT NELLIKKAT HOUSE, MULLIAR VILLAGE, KASARGODE TALUK AND DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS/STATE AND DEFACTO-COMPLAINANT -------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KHALEEL POVVAL CHALKARA, AGED 25 YEARS, S/O.ABOOBACKER, RESIDING AT P.C. MANZIL, MASJID ROAD, MULLIAR VILLAGE, KASARGODE TALUK AND DISTRICT. R1 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2129 of 2010 -------------------------------------- Dated this the 17th day of June, 2010 ORDER Petitioner who is the accused in C.C.No.670/2009 for offences punishable under Sections 323 & 326 read with Section 34 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class Court-I, Kasaragod as C.C.No.670/2009 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-I, Kasaragod 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 Crl.M.C.No.2129/2010 : 2 : 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, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance and also after considering the fact that the co-accused in the case have been acquitted after trial. The learned Magistrate shall also taken into consideration the compromise entered into between the parties. Dated this the 17th day of June, 2010. V. RAMKUMAR, (JUDGE) skj