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. 2155 of 2010() ------------------------- SC.431/2008 of ASSISTANT SESSIONS COURT, KASARAGOD (CRIME NO.197/2008 OF KUMBALA POLICE STATION) .................... PETITIONER(S): ACCUSED ---------------------- EKNATH RAO @ EKU, S/O.BHAVANI SHANKAM, NEAR OVER BRIDGE, THOKKOTHU, KOTAKAR VILLAGE, MANGALORE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. CIRCLE INSPECTOR OF POLICE, KUMBLA POLICE STATION, KASARAGOD PIN 671 321. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The Crime No.197/2008 shown in the cause title in the order dated 23.6.2010 in Crl.M.C.No.2155/2010 is corrected as Crime No.197/2005 as per order dated 19.7.2010 in Crl.M.A.No.4051/2010 in Crl.M.C.No.2155/2010. Sd/- Assistant Registrar V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No. 2155 of 2010 = = = = = = = = = = = Dated: 23rd day of June, 2010 ORDER Petitioner, who is the accused in Crime No.197/2008 of Kumbala Police Station, for an offence punishable under Section 55(a) of the Abkari Act and whose case is now pending before the Assistant Sessions Judge, Kasaragod as S.C.No.431/2008, 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. Crl.M.C. No. 2155 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 against him. Dated this the 23rd day of June, 2010 Sd/- V. RAMKUMAR, (JUDGE) dmb The words and figure “Crime No.197/2008” occurring in the 1st line and the word “Magistrate” occurring in the 3rd paragraph of the order dated 23/06/2010 in Crl.M.C.No.2155/2010 are corrected and substituted respectively as “Crime No.197/2005” and “Assistant Sessions Judge, Kasaragod” as per order dated 19/07/2010 in Crl.M.A.No.4051/2010 in Crl.M.C.No.2155/2010. Sd/- Registrar (Judicial)