IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 2127 of 2010() ------------------------------------- LPR.43/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA. CRIME NO.11/1997 OF IRINJALAKUDA POLICE STATION. .................... PETITIONER/3RD ACCUSED ----------------------------------------- BEJOY, S/O.SUGUNAN, VELAPARAMBIL HOUSE, PORATHUSSERI, IRINJALAKUDA. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT -------------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2127 of 2010 -------------------------------------- Dated this the 17th day of June, 2010 ORDER Petitioner who is the 3rd accused in Crime No.11/1997 of Irinjalakuda Police Station for offences punishable under Sections 143, 147, 148, 323, 324 & 506(ii) read with Section 149 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class Court, Irinjalakuda as L.P.R.No.43/2009, 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., Irinjalakuda 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 Crl.M.C.No.2127/2010 : 2 : 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, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance and also after considering the fact that the co-accused in the case have been acquitted after trial. The petitioner may also plead for a discharge in absentia by filing an application for the same through his counsel. Dated this the 17th day of June, 2010. V.RAMKUMAR, JUDGE skj