IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Crl.MC.No. 1390 of 2008() ------------------------- CP.27/2006 of JUDICIAL FIRST CLASS MAGISTRATE-II, PERMEDU CRIME NO. 290/2002 of KUMILY POLICE STATION .................... PETITIONER/ACCUSED NO.2: --------------------------------- K.S. ANIL @ CHERKAI, S/O. SREEDHARAN, KUMBALATHANATHU HOUSE, MULLARIKUDY KARA, KUNATHADY VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS/COMPLAINANT: ----------------------------------- STATE – S.I. OF POLICE, KUMILY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1390 of 2008 = = = = = = = = = = = = = = Dated this the 31st day of March, 2008 ORDER Petitioner, who is the 2nd accused in Crime No.290 of 2002 of Kumily Police Station for offences punishable under Sections 143, 147, 148 and 307 r/w Section 149 IPC and whose case is pending before the J.F.C.M-II, Peermedu as C.P.No. 27 of 2006, 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.1390/2008 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 bearing in mind the decision reported in Sukumari v. State of Kerala (2001 (1) KLT 22). V. RAMKUMAR, JUDGE. rv