IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1938 of 2010() ------------------------- CP.173/2004 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): --------------- SUNIL KUMAR, S/O.SUNDARA DEEPA NIVAS, UPPALA PO,KASARAGOD. BY ADV. SRI.P.K.ANIL RESPONDENT(S): --------------- 1. THE ADDITIONAL SUB INSPECTOR OF POLICE MANJESHWAR POLICE STATION. 2. STATE REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.1938 of 2010 = = = = = = = = = = = = Dated: 8th day of June, 2010 ORDER Petitioner, who is the accused in Crime No. 205/2001 of Manjeshwar Police Station for an offence punishable under Section 55(a) of Abkari Act whose case is now pending before the J.F.C.M Court -I, Kasargode as L.P.C No. 41/05 in C.P.No.173/2004, 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 Crl.M.C. No.1938 of 2010 2 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 8th day of June, 2010 V. RAMKUMAR, (JUDGE) dmb