IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1714 of 2010() ------------------------- CP.32/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- T.C.KUNHIRAMAN @ KUNHAMAN, AGE 44 YEARS, S/O.LATE KUNHIKANNAN,CHEEKAYAM DESAM, MUNNAD VILLAGE,KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, BANDADUKA EXCISE RANGE,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................. Crl.M.C. No. 1714 of 2010 .................................................... Dated: 19th day of May 2010 ORDER Petitioner who is the accused in Or. No. 20 of 2008 of Bandadukka Excise Range, for an offence punishable under Section 8(i) and (ii) of the Abkari Act and whose case is now pending before the J.F.C.M. Kasaragod as C.P. No. 32 of 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 19th day of May, 2010 Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge