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. 2256 of 2010() ------------------------- CC.138/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED NO.1 --------------------------- JOJO, AGED 28, S/O.VARGHESE, PUTHUSSERRY HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.2256 of 2010 = = = = = = = = = = = Dated: 23rd day of June, 2010 ORDER Petitioner, who is the 1st accused in C.C.No.138/2009 on the file of the J.F.C.M Court-I, Aluva, for an offence punishable under Section 394 IPC, 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. 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 with the Crl.M.C. No.2256 of 2010 2 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. Dated this the 23rd day of June, 2010 V. RAMKUMAR, (JUDGE) dmb