IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1669 of 2010() ------------------------- LP.98/2006 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): IST ACCUSED -------------------------- RABIYA, AGED 48 YEARS, D/O.ALIYAR, PALLIPARAMBIL HOUSE, NETTOOR P.O., MARADU VIA, ERNAKULAM. BY ADV. MR.C.A.CHACKO SMT.C.M.CHARISMA MR.N.A.SHAFEEK MR.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): STATE & DEFACTO COMPLAINANTS ------------------------------------------- 1. THE STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAVI, S/O.KUTTAPPAN, KANIYANCHIRA HOUSE, MULAVUKAD, ERNAKULAM. 3. VARGHESE, MOONJAPILLY VEETIL, THAMMANAM P.O., KOCHI-32. 4. V.K.RAJENDRAKUMAR, S/O.KESAVAN PILLAI, VELLATHUPUTHENVEETIL, VALAMANGALAM, THURAVOOR. 5. O.R.SASI, S/O.RAVEENDRAN, OLIPARAMBU VEETIL, 21/1848, NEAR NSS SCHOOL, KUMBALANGHI VAZHI, RAMESWARAM VILLAGE, KOCHI TALUK. ADV. SRI. ANTONY LIJO M. FOR R2 TO R4 PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.1669 of 2010 = = = = = = = = = = = Dated: 25th day of May, 2010 ORDER Petitioner, who is the accused in Crime No. 340/1998 of Central Police Station, Ernakulam, for offences punishable under Section 420 read with Section 34 of IPC and whose case is now pending before the Chief Judicial Magistrate Court, Ernakulam as L.P. No.98/2006, 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 Chief Judicial Magistrate Court 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 Crl.M.C. No.1669 of 2010 2 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. Dated this the 25th day of May, 2010 V. RAMKUMAR, (JUDGE) dmb