IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2868 of 2010() ------------------------- CC.105/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONER: IST ACCUSED -------------------------- VIJAYAN, S/O.BALAKRISHNAN, KARTHALAKKAL VEEDU, CHAIKKOTTUKONAM, KULATHUMMAL DESOM, NEYYATTINKARA VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2868 of 2010 ---------------------------------- Dated this the 23rd day of July, 2010 ORDER Petitioner, who is the first accused in Crime No.275 of 2001 of Neyyattinkara Police Station for offences punishable under Sections 451, 323 & read with Section 34 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class-I, Neyyattinkara as C.C.No.105 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-I, Neyyattinkara and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate Crl.M.C.No.2868/2010 : 2 : 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 against him. Dated this the 23rd day of July, 2010. V.RAMKUMAR, JUDGE skj