IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Crl.MC.No. 901 of 2008() ------------------------ C.C.NO.567/2006 ON THE FILE OF J.F.C.M- II, PERAMBRA (SPLIT UP CASE C.C.NO.464/2007 ) PETITIONER: 1ST ACCUSED --------------------------------------------- NIZAR, S/O.ASSAINAR, KOLERITHAZHEKUNI MEPPAYUR AMSOM DESOM, KOYILANDI TALUK KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: STATE/COMPLAINANT ------------------------------------------------------------------ 1. THE STATE OF KERALA, REP. BY THE S.I. OF POLICE, MEPAYUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SALEENA, D/O.KUNHAMMAD KUNHIPARAMBIL HOUSE, PILLAPERUMANNA AMSOM DESOM KOYILANDI TALUK, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 901 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of March, 2008 ORDER The Petitioner, who is the 1st accused in C.C.No.567 of 2006 on the file of J.F.C.M-II, Perambra for offences punishable under Sections 498A and 406 IPC and whose case is split up and renumbered as C.C.No.464 of 2007, now pending before the same court, 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 learned Magistrate and seeks regular bail. Accordingly, this Criminal Miscellaneous Case 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 non bailable warrants, if any, against him. The petitioner is also permitted to plead for a discharge in the meanwhile, on the ground that the co- accused in the case have been acquitted after trial. V. RAMKUMAR, JUDGE sj