IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1264 of 2010() ------------------------- LPC.120/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): 6TH ACCUSED -------------------------- RAJAN, S/O. CHENIYA RAMAN, AGED 41 YEARS, PANACHIRAMMAL HOUSE, THAMARANKULANGARA, EDAT. KANNUR DIST. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): DEFACTO COMPLAINANT/COMPLAINANT ---------------------------------------------- 1. ABDULLA HAJI, KUNHI MOIDEEN, KOLOTH HOUSE, PAYYANNUR AMSOM, TALIPARAMBA. KANNUR DIST. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.S.R.SREEJITH BY PUBLICE PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.1264 of 2010 = = = = = = = = = = = Dated: 26th day of May, 2010 ORDER Petitioner, who is the accused in Crime No. 361/1994 of Payyannur Police Station, for offences punishable under Sections 143, 147, 452, 436 read with 149 of IPC and whose case is now pending before the Judicial First Class Magistrate Court, Payyannur as L.P.C No. 120/2004, 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 J.F.C.M. and seeks regular bail. Crl.M.C. No.1264 of 2010 2 Accordingly, this Crl.M.C. 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 any non-bailable warrants against him. Dated this the 26th day of May, 2010 V. RAMKUMAR, (JUDGE) dmb