IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.MC.No. 1080 of 2008() ------------------------- CMP.823/2007 of J.F..C.M. II, PERINTHALMANNA .................... PETITIONER: ACCUSED: -------------------- P. YACOB, S/O. THOMAS, AGED 50 YEARS, PATINHAREKKARA HOUSE, P.O. PATHIRIKKODE, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: COMPLAINANT: ------------------------- 1. THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, MELATTOOR, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1080 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14th day of March 2008 ORDER Petitioner who is the accused in Crime No.102/2007 of Melattur Police Station and whose case is pending before the J.F.C.M. II, Perinthalmanna as L.P.No.3/2008 for an offence punishable under Sec. 420 I.P.C. 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 four 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 Crl. M.C. No. 1080 of 2008 -:2:-