IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Crl.MC.No. 392 of 2008() ------------------------ CC.452/2004 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- T.ASOKAN, THACHAMBALATH, REENA NIVAS, PANTHEERANKAVU P.O., KOZHIKODE-673019. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 392 of 2008 * * * * * * * * * * * * * * * * * * Dated: 28th day of January 2008 ORDER Petitioner who is the accused C.C. No.452 of 2004 on the file of the Judl. First Class Magistrate V Kozhikode for offences punishable under Sections 452, 427, 323 and 294 (b) 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. V, Kozhikode, 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 and after considering the explanation offered by the petitioner for his previous non-appearance. V. RAMKUMAR, (JUDGE) ani ani.