IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2947 of 2010() ------------------------- LP.84/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): 4TH ACCUSED -------------------------- MARGARET FRANCO, W/O.FRANCO, MARIYALAYAM HOUSE, SAKTHIKULANGARA, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE DETECTIVE INSPECTOR, CRIME BRANCH CID, NARCOTIC & ECONOMIC OFFENCES CELL, KOLLAM - 691 581. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.2947 of 2010 = = = = = = = = = = = = Dated: 27th day of July, 2010 ORDER Petitioner, who is the 4th accused in Crime No.46/1999 of Sakthikulangara Police Station for offences punishable under Sections 55 (a) and (g) of the Abkari Act and whose case is now pending before the J.F.C.M Court-II, Kollam as L.P.No.84/2010, seeks to quash the proceedings. Sensing rejection of the above prayer, the learned counsel for the petitioner prayed that the petitioner's bail application may be directed to be allowed by the Magistrate concerned. 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 Court-II, Kollam and seeks regular bail. Crl.M.C. No.2947 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 27th day of July, 2010 V. RAMKUMAR, (JUDGE) dmb