IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3482 of 2010() ------------------------- (CRIME NO.218/2007 OF ADHOOR POLICE STATION, KASARAGOD) CP.80/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): --------------- NOUSHAD, S/O.ASSANAR KUNJU, NAVAS MANZIL, KALLELIBHAGAM, THODIYOOR, KARUNAGAPPALLY. BY ADV. SRI.A.AHZAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, ADHUR POLICE STATION, KASARAGOD-696322.. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3482 of 2010 ---------------------------------------- Dated this the 19th day of August, 2010 ORDER Petitioner who is the accused in Crime No.218 of 2007 of Adhur Police Station, Kasaragod for an offence punishable under Section 55(a) of the Abkari Act and whose case is now pending before the Judicial Magistrate of the First Class, Kasaragod as C.P.No.80 of 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 Judicial Magistrate of the First Class, 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 Crl.M.C.No.3482/2010 : 2 : 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. V.RAMKUMAR, JUDGE skj