IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 2859 of 2010() ------------------------- (C.P.No.35/2010 of Judicial Magistrate of the First Class, Paravoor) PETITIONER: ACCUSED ---------------------- VARSHA, D/O.BABU, AGED 28 YEARS, SAJIN BHAVAN, EDAPPANAYAM, NEDUMPANA CHERRY, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2859 of 2010 ---------------------------------- Dated this the 26th day of July, 2010 ORDER Petitioner who is the accused in Crime No.53 of 2007 of Excise Range Office, Chathanoor for offences punishable under Sections 8(1)(2) of Abkari Act and whose case is now pending before the Judicial Magistrate of the First Class, Paravoor as C.P.No.35 of 2010, seeks a direction to the said Magistrate to release the petitioner on bail on the date of her 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- Paravoor and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file Crl.M.C.No.2859/2010 : 2 : an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, her 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 26th day of July, 2010. V.RAMKUMAR, JUDGE skj