IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 491 of 2010() ------------------------ LPC.69/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER: ACCUSED ---------------------- KAPPARAMMAL UMMER, AGED 34 YEARS, S/O. SULAIMAN, KAPPARAMMAL HOUSE, KOTTAYAM AMSOM, KINAVAKKAL, KOOTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTING S.H.O., KOOTHUPARAMBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.P.REJINA, AGED 26 YEARS, W/O. SHAJI, OMANALAYAM, P.O.AZHIYOOR, THALASSERY. PUBLIC PROSECUTOR SRI.C.S.HRITHIK ADV. SMT.K.REENA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.491 of 2010 -------------------------------------- Dated this the 22nd day of June, 2010 ORDER Petitioner who is the accused in Crime No.209/2008 of Koothuparamba Police Station for an offence punishable under Section 376 of I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class, Koothuparamba as L.P.C.No.69/2009, 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., Koothuparamba 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 two months from today. In case, the petitioner complies with the above condition, his bail application shall be considered and Crl.M.C.No.491/2010 : 2 : disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants against him. Petitioner may also plead for a discharge in absentia by filing a petition through his counsel highlighting the fact that the matter between him and the de facto complainant was subsequently settled. Dated this the 22nd day of June, 2010. V. RAMKUMAR, (JUDGE) skj