IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2584 of 2010() ------------------------- CP.23/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONER(S): ACCUSED ---------------------- RAJEEV, S/O.SUDHAKARA PANICKER, KEEZHEPPURAKKAL VEEDU, ARUVIPURAM P.O., AYAYIL DESOM, NEYYATTINKARA. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR.NO.69/2003 OF EXCISE RANGE, NEYYATTINKARA, NOW PENDING AS CP NO.23/2010 BEFORE JUDICIAL FIRST CLASS MAGISTRATE-I, NEYYATTINKARA.) PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.2584 of 2010 = = = = = = = = = = = = Dated: 9th day of July, 2010 ORDER Petitioner, who is the 1st accused in Crime No.69/2003 of Neyyatinkara Excise Range for offences punishable under Sections 12(1) and 55(g) of the Abkari Act and whose case is now pending before the J.F.C.M Court-I, Neyyatinkara as C.P. No.23/2010, 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 Court-I, Neyyatinkara and seeks regular bail. Crl.M.C. No.2584 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 9th day of July, 2010 V. RAMKUMAR, (JUDGE) dmb