IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2523 of 2010() ------------------------- CP.112/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY CRIME NO.116/2005 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONER(S): 9TH ACCUSED -------------------------- ASHIQ, S/O.MOHAMMED KUNJU, ODUKKATHUMUKKU, LEKSHAM VEEDU COLONY, KOTTUKADU, CHAVARA VILLAGE FROM MANAZHATHU THEKKATHARA VEEDU, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.C.S.HRITIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.2523 of 2010 = = = = = = = = = = = Dated: 7th day of July, 2010 ORDER Petitioner, who is the 9th accused in Crime No.116/2005 of Karunagappally Police Station for offences punishable under Sections 120(b), 143, 147, 148, 452, 324, 323, 308, 206(ii) and 427 read with 149 IPC and 27 of the Arms Act, whose case is now pending before the J.F.C.M Court, Karunagappally as C.P. No.112/2008 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 Court, Karunagappally and seeks regular bail. Crl.M.C. No.2523 of 2010 2 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 against him. Dated this the 7th day of July, 2010 V. RAMKUMAR, (JUDGE) dmb