IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.MC.No. 3195 of 2010 ---------------------------------- (CR.NO.43/2008 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT) ........... PETITIONER/ACCUSED: ---------------------------------- JAISON, S/O.VARGHESE, KOCHUKUNNEL HOUSE, CHOOLPARAKARA, PARATHODE VILLAGE, UDUMBANCHOLA TALUK, IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CR.NO.43/2008 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT). BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ---------------------------------- Crl.M.C.No.3195 of 2010 ---------------------------------- Dated this the 12th day of August, 2010 ORDER Petitioner who is the second accused in CR No.43/2008 of Udumbanchola Excise Range for an offence punishable under Section 55(g) of Abkari Act and whose case is now pending before the Judicial Magistrate of the First Class, Nedumkandam as C.P.No.110/2010, 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., Nedumkandam 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 Crl.M.C.No.3195/2010 : 2 : 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. V.RAMKUMAR, JUDGE skj