IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, 27TH DYA OF FEBRUARY 2008/8TH PHALGUNA 1929 Crl.MC.No. 774 of 2008 ------------------------ ST.4096/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER: 1ST ACCUSED ----------------------- RASHEED ALI, S/O. MOHAMMED ALI, AGED 30 YEARS, CHATHANKULAM HOUSE, VARODE, OTTAPALAM. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, WADAKKANCHERRI POLICE STATION, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 774 of 2008 = = = = = = = = = = = = = = Dated this the27th day of February, 2008 ORDER The Petitioner, who is the accused in Crime No. 381 of 2005 of Police Station for offences punishable under Sections 143, 147, 341, 323 read with Section 149 of the Indian penal Code and whose case is now pending before the J.F.C.M, Wadakkancherry as S.T.No.4096/2005 , 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 learned Magistrate and seeks regular bail. Accordingly, this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Crl.M.C.No.774/2007 -2- 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 non bailable warrants, if any, against him. The petitioner is also permitted to plead for a discharge on the ground that the co-accused in the case have already been acquitted after trial. Sd/- V. RAMKUMAR, JUDGE ks