IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Crl.MC.No. 1657 of 2010() ------------------------- AGAINST THE ORDER IN LP.3/2007 IN SC.87/2007 of ADDL. SESSIONS COURT (ADHOC-I), PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ---------------------- RADHAKRISHNAN @ PRASAD, AGED 44 YEARS, S/O.GOPALAKRISHNA PILLAI, OLICHIRACKAL VEEDU, KADAMMANITTA P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1657 of 2010 * * * * * * * * * * * * * * * * * * Dated: 17-5-2010 ORDER Petitioner who is the accused in Crime No. 81 of 2002 of Aranmula Police Station for offences punishable under Sections 307, 447, 452, 324 and 326 read with Sec. 34 I.P.C.and whose case is now pending before the Addl. Sessions Court, (Adhoc-I), Pathanamthitta as L.P. No. 3 of 2007, 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. 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 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. V. RAMKUMAR, (JUDGE) ani ani.