IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Crl.MC.No. 2107 of 2010() ------------------------- CC.163/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... PETITIONER(S): IST ACCUSED: ---------------------------------------------- P.S.SASI, PARAKKUZHIYIL PUTHEN PURAKKAL, CHERUKULANJI P.O., RANNI, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.N.NAGARESH, SRI.SHAJI THOMAS PORKKATTIL. RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, RANNI. R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------ Crl.M.C.No.2107 of 2010 ------------------------------------- Dated this the 16th day of June, 2010 ORDER Petitioner who is the first accused in Crime No. 305/2002 of Ranni Police Station for offences punishable under Sections 143, 147, 149 & 341 I.P.C. and Section 38 read with Section 52 of the Kerala Police Act and whose case is now pending before the Judicial Magistrate of the First Class Court, Ranni as C.C.No.163/2007, 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., Ranni 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.2107/2010 : 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, 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. Dated this the 16th day of June, 2010. V.RAMKUMAR, JUDGE skj