IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Crl.MC.No. 1348 of 2008() ------------------------- CC.482/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: ------------ HANEEF BILAVINAKATH, AGED 25 YEARS, S/O.ABDULLA, RESIDING AT MADAYI, P.O.MADAYI, KANNUR DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1348 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of March, 2008 ORDER The Petitioner, who is the 6th accused in Crime No.435/02 of Payangadi Police Station for offences punishable, inter alia, under section 506(1) read with 149 IPC and whose case is pending as C.C.No.142 of 2005 on the file of the J.F.C.M, Payyannur, 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 learned Magistrate and seeks regular bail. Accordingly, this Criminal Miscellaneous Case 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 Crl.M.C.No.1348 of 2008 2 it is filed notwithstanding the pendency of non bailable warrants, if any, against him. The petitioner shall also, in the meanwhile, plead for a discharge on the ground that the co-accused in the case have been acquitted after trial, as per the judgment dated 25.08.06 in C.C.No.142/2005. V. RAMKUMAR, JUDGE sj