IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.MC.No. 22 of 2008() ----------------------- CC.101/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... PETITIONER: ACCUSED -------------------------- N.P.THOMAS, S/O PATHROSE, NANNAT HOUSE, PUTHUSSERYKKADAVU P.O., PADINJARETHARA, MANANTHAVADY VIA., WYNAD DISTRICT. BY ADV. SRI.P.J.MATHEW RESPONDENTS: STATE ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. V.N.ABDULLA, S/O ABDUL RAHMANKUTTY HAJI, VELLIYATHIRI, NADAKKAL VEEDU, PARAPPANPOYIL P.O., KOZHIKODE DISTRICT. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ================================= CRL.M.C. No. 22 of 2008 ================================= Dated this the 3rd day of January, 2008. ORDER The petitioner, who is the accused in C.C. No. 101/2006 on the file of the Judicial First Class Magistrate Court-II, Mananthavady for an offence punishable under Section 420 r/w Section 34 IPC, prays for a direction to recall the Non Bailable Warrants pending against him and to release him on bail. 2. The circumstances under which Non Bailable Warrants were issued against the petitioner are not discernible. Hence, this Court cannot direct the enlargement of the petitioner on bail. The appropriate course would be to permit the petitioner to file an application for bail before the Magistrate and to direct the same to be disposed of. Accordingly, this Crl. M.C. is disposed of permitting the petitioner to surrender before the Magistrate and file an application for bail within two weeks from today. In case the petitioner complies with the above condition, the application for bail shall be considered and disposed of preferably on the same day on which it is filed. Warrant if any pending against the petitioner shall not be executed until the disposal of the bail application to be filed by the petitioner herein. V. RAMKUMAR, JUDGE. rv