IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1420 of 2009() ----------------------------------------- CC.417/2006 of JDUL.MAGISTRATE OF FIRST CLASS, RAMANKARI .................... PETITIONER/FIRST ACCUSED : ------------------------------------------------ JACOB.V.KAINNADY @ JACOB JAMES,AGED 65 YRS,S/O.LATE VARGHESE,FLAT NO.2-B,SKYLINE PARK DALE APPARTMENT,SASTRY ROAD,KOTTAYAM,FROM VATTAPARAYIL KAINADY,ALAPPUZHA. BY ADV. SRI.C.K.SAJEEV RESPONDENTS/COMPLAINANT & STATE : ------------------------------------------------------------------ 1. P.V.IGNASIOUS,S/O VARGHESE,VATTAPARAMBIL KAINADY, PRESENTLY RESIDING AT VATTAPARAMBIL, PANAMBALLY NAGAR,ERNAKULAM. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1420 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30.04.2009 ORDER Petitioner who is the 3 rd accused in C.C. No. 32 of 2005 on the file of the J.f.C.M., Ramankary for offences punishable under Sections 447, 427, 323 and 506 (ii) of I.P.C. 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 three 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 and also after considering the fact that the co-accused in the case have been acquitted after trial. Sd/- V. RAMKUMAR, (JUDGE) ani /true copy/ ani.