IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.MC.No. 753 of 2008() ------------------------ SC.486/2001 of ASSISTANT SESSIONS COURT, MAVELIKKARA CP.110/2001 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA (LP.35/2002) .................... PETITIONER: -------------------- SREEKUMAR, RETNAJALIYIL VEEDU, CHERUMUTHA MURI, NOORANADU VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.SASIKUMAR SRI.M.VIJESHKUMAR RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 753 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-02-2008 ORDER Petitioner who is the accused in Crime No. 323 of 1998 of Noormedu Police Station for offences punishable under Sections 143, 147, 148, 323, 324 and 307 read with Sec. 149 I.P.C. and whose case is now pending before the J.F.C.M. Mavelikkara as L.P. No. 35 of 2002, 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. The petitioner may also plead for a discharge within the said period on the ground that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, (JUDGE) ani ani.