IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 151 of 2008() ------------------------ CC.431/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER: ACCUSED NO.4: ------------------------------------- SHIBU, S/O.HUSAAIN, SHEEJA MANZIL, ELAMPAZHANNOOR MURI, ELAMPAZHANNOOR VILLAGE, KADAKKAL. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: STATE/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KADAKKAL POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 151 of 2008 * * * * * * * * * * * * * * * * * * Dated: 8th April 2008 ORDER Petitioner who is the accused in Crime No. 430 of 1999 of Kadackal Police Station for offences punishable under Sections 447, 427, 295(A) and 278 read with Sec. 34 and whose case is now pending before the J.F.C.M. -II, Kottarakkara as L.P. No. 206 of 2007 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 and also after considering the fact that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, (JUDGE) ani ani.