IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3165 of 2010 ---------------------------------- [CC.NO.718/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA IN CRIME NO. 264/2000 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT] .................... PETITIONER/3RD ACCUSED: ----------------------------------------- UNNI @ UNNIKUMAR, S/O.VELAYUDHAN PILLAI, THUYOOR ROADARIKATHU PUTHEN VEEDU, KEEZHAROOR VILLAGE. BY ADV. SRI.R.GOPAN. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ............................................. Crl.M.C..No. 3165 of 2010 ................................................. Dated: 11th August, 2010 ORDER Petitioner who is the 3rd accused in Crime No. 264 of 2000 of Vellarada Police Station for offences punishable under Sections 143, 147, 148, 149, 452, 324, 323, 427 and 379 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 learned Magistrate and seeks regular bail. 3. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and files 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. 4. I am also inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an Crl.M.C..No. 3165 of 2010 2 application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner may also highlight the fact that the co-accused in the case have been acquitted after trial. Dated this the 11th day of August, 2010 V. RAMKUMAR, JUDGE