IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Crl.MC.No. 2732 of 2010() ------------------------- SC.373/2008 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM CP.72/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER: ACCUSED ---------------------- SREEKUMAR,S/O.SASI, KOOTHERI ATHIRTHUVILA VEEDU,ERAMMIDDLE MEENADU, CHATHANNOOR,PARAVOOR. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE,CHATHANNOOR. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2732 of 2010 ---------------------------------- Dated this the 19th day of July, 2010 ORDER Petitioner who is the second accused in Crime No.346 of 2005 of Chathanoor Police Station for an offence punishable under Section 306 read with Section 34 of I.P.C. and whose case is now pending before the Additional Sessions Court (Adhoc-II), Kollam as S.C.No.373 of 2008, seeks a direction to the said Judge 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 Additional Sessions Court (Adhoc-II), Kollam and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Judge and Crl.M.C.No.2732/2010 : 2 : 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 against him. Petitioner is also permitted to plead for a discharge in absentia through his counsel highlighting the fact that the co-accused have been acquitted after trial. V.RAMKUMAR, JUDGE skj