IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2398 of 2010() ------------------------- LP.38/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA .................... PETITIONER: 5TH ACCUSED IN THE CRIME --------------------------------------- KUMAR, S/O.KUMARESAN, KIZHAKKEKKARA HOUSE, VELIYAMKOTTU KONAM, AYIRA DESOM, KARODU VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2398 of 2010 -------------------------------------- Dated this the 30th day of June, 2010 ORDER Petitioner who is the fifth accused in Crime No.113/2001 of Pozhiyoor Police Station for offences punishable under Sections 143, 147, 148, 149, 341, 323, 324 & 308 of I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class-II, Neyyattinkara as L.P.No.38/2006, 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 J.F.C.M-II, Neyyattinkara 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 weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and Crl.M.C.No.2398/2010 : 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. Dated this the 30th day of June, 2010. V.RAMKUMAR, JUDGE skj