IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2895 of 2010() ------------------------- CP.134/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... PETITIONER(S): / ACCUSED --------------- OMANA MANI, AARATHI, PUTHUVAL COLONY KADINAMKULAM, PUTHUKURUCHI, TRIVANDRUM BY ADV. SRI.A.AHZAR RESPONDENT(S): / STATE & COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. EXCISE INSPECTOR, RANGE OFFICE KAZHAKOOTTAM, TRIVANDRUM - 695001 BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No. 2895 of 2010 = = = = = = = = = = = = Dated: 23rd day of July, 2010 ORDER Petitioner, who is the accused in CR.No.22/2007 of Kazhakoottam Excise Range for offences punishable under Sections 55(a) and 55(i) of the Abkari Act and whose case is now pending before the J.F.C.M Court-I, Attingal as C.P.No.134/2010 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 Court-I, Attingal and seeks regular bail. Crl.M.C. No. 2895 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 23rd day of July, 2010 V. RAMKUMAR, (JUDGE) dmb