IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.MC.No. 1071 of 2008() ------------------------- AGAINST THE ORDER IN CC NO.1127 OF 2004 IN LP.48/2007 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER: ACCUSED ------------------- ANIL KUMAR @ BIJU THAYYILLPADEETTAHTIL, UMBERNADU MURI, THEKKEKKARA VILLAGE, MAVELIKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. 2. SUB INSPECTOR OF POLICE KURATHIKADU POLICE STATION, KURATHIKADU. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1071 of 2008 * * * * * * * * * * * * * * * * * * Dated: 11-03-2008 ORDER Petitioner who is the accused in C.C. No. 1127 of 2004 on the file of the J.F.C.M. , Mavelikkara for offences punishable under Sections 324 and 326 I.P.C. and whose case is now pending before the same Court as L.P. No. 48 of 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. and seeks regular bail. 3. 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. Warrants if any, pending against the petitioner shall not be executed till then. Sd/- V. RAMKUMAR, (JUDGE) ani /true copy/ ani.