IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 2094 of 2010() ------------------------- CC.99/2010 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER(S): ACCUSED ------------------------------------------ JOSHY JOSEPH, KALAPPURA HOUSE, VILLOONNI.P.O, ARPOOKKARA, KOTTAYAM. BY ADV. SRI.T.S.JOHN SRI.JESTIN MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = Crl.M.C. No.2094 of 2010 = = = = = = = = = = = = = = = = Dated:14.06.2010 ORDER Petitioner who is the 5th accused in Crime No.20 of 2006 of Gandhinagar Police Station, Kottayam for offences punishable under Sections 143,147,341 and 353 read with 141 IPC and whose case is now pending before the J.F.C.M, Ettumanoor as C.C. No.99/2010 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. 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. Dated this the 14th day of June, 2010 V. RAMKUMAR, (JUDGE) sj