IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 999 of 2008() ------------------------ AGAINST THE CC.151/2002 RE-FILED AS CC.537/2007 INof JUDL.MAGISTRATE OF FIRST CLASS-I, PUNALUR .................... PETITIONER: ACCUSED NO.4 ------------------------ SIDDIQ.S., S/O.SHAMSUDHEEN, SIDDIQ MANZIL, OZHUKUPARA, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS: COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION, KULATHUPUZHA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 999 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of March, 2008 ORDER Petitioner, who is the accused in Crime No. 193 of 2001 of Kulathupuzha Police Station for offences punishable under Sections 143, 147, 148, 324 and 427 r/w Section 149 IPC and whose case is pending before the J.F.C.M-I, Punalur as C.C.No. 537 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 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 Crl.M.C.No. 999/2008 2 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. In the meanwhile the petitioner may also plead for a discharge on the ground that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, JUDGE. rv