IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1439 of 2008() ------------------------- CP.59/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER: 4TH ACCUSED ------------------------------------------------ VIVEK JOY, S/O.K.K.JOY, FLAT.NO.373-B, ANAND APARTMENTS, KALIKULAM, CHERTHALA P.O BY ADV. SRI.SUNIL JACOB JOSE RESPONDENTS: ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1439 of 2008 = = = = = = = = = = = = = = Dated this the 3rd day of April, 2008 ORDER The Petitioner, who is the accused in Crime No.212 /06 of Kuthiathodu Police Station for offences punishable under sections 366(A) & 376 read with 34 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and whose case is pending as C.P.No.59/2007 on the file of the J.F.C.M-I, Cherthala, 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. V. RAMKUMAR, JUDGE sj