IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3469 of 2010() ------------------------- (C.R.No.78/2005 OF KATTAKADA EXCISE RANGE) PETITIONER: 2ND ACCUSED -------------------------- ANIL KUMAR, S/O. NADESHAPANICKER, KIZHAKKEKARA PUTHENVEEDU, KANIYAMKONAM, MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENT: STATE & DEFACTO COMPLAINANT ------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3469 of 2010 ---------------------------------------- Dated this the 18th day of August, 2010 ORDER Petitioner who is the second accused in C.R.No.78/2005 of Kattakada Excise Range for offences punishable under Sections 8(1) & (2) of the Kerala Abkari Act and whose case is now pending before the Judicial Magistrate of the First Class, Kattakada, 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 Judicial Magistrate of the First Class, Kattakada 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.3469/2010 : 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. V.RAMKUMAR, JUDGE skj