IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Crl.MC.No. 934 of 2008() ------------------------ CP.18/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED: -------------------- KAPPUNGAL MUHAMMAED ALI @ KUNHANI, S/O. MUHAMMED UNNI HAJI, PILACHOLA, ALANALLUR, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 3-3-2008 , THE COURT ON 03/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 934 of 2008 * * * * * * * * * * * * * * * * * * Dated: 03-03-2008 ORDER Petitioner who is the 4th accused in Crime No. 22 of 1999 of Thrikkakara Police Station for an offence punishable under Section 389 B & C read with Section 34 I.P.C. and whose case is now pending before the J.F.C.M. -I, Aluva as L. P. C. No. 3 of 2008 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. 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, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance. V. RAMKUMAR, (JUDGE) ani ani.