IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Crl.MC.No. 1487 of 2009 ------------------------- CRIME NO. 52/07 OF EZHUKONE POLICE STATION CP.105/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER/2ND ACCUSED: ------------------------------- SATHEESH C., MUTTATHARA, PARITHESHWARAM P.O., KOTTARAKKARA, KOLLAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 1437 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of May, 2009 O R D E R Petitioner who is the second accused in Crime No.52 of 2007 for offences punishable under Sections 143, 147, 427, 353, 308, 296 r/w Section 149 IPC and whose case is now pending before the Judicial First Class Magistrate Court-I, Kottarakkara as C.P. No.105 of 2008 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 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. V. RAMKUMAR, JUDGE ttb -:2:-