IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.MC.No. 866 of 2008() ------------------------ CC.1003/2005 of JUDL.MAGISTRATE OF FIRST CLASS, KOYILANDY CRIME NO. 847/2004 of KOILANDI POLICE STATION .................... PETITIONER: ACCUSED ------------------- K.T.HENRY, AGED 57 YEARS S/O.LATE K.M.THOMAS, KALLUPURACKAL HOUSE 37/1593-A, PIPELINE ROAD, KADAVANTHRA ERNAKULAM. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAIANT/STATE ----------------------------------------- 1. E.M.KARUNAN, S/O.ANANDAN ANANDAPURI, 2/45, VIYOOR AMSOM, KOILANDI KOZHIKODE DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 866 of 2008 = = = = = = = = = = = = = = Dated this the 29th day of February, 2008 ORDER Petitioner, who is the accused in Crime No. 847 of 2004 of Koilandi Police Station for offences punishable under Sections 341, 323, 324 and 452 IPC and whose case is pending before the J.F.C.M, Koilandi as C.C.No.1003 of 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 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 may also plead for a discharge in the meanwhile. V. RAMKUMAR, JUDGE. rv