IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 2223 of 2010() ------------------------- CP.37/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): 1ST ACCUSED -------------------------- SIVADAS, AGED 34 YEARS, S/O.GOPALAKRISHNAN, RESIDING AT GOKULAM HOUSE, PAYATTUKADU DESOM, KANJIKODE VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, TRIPUNITHURA EXCISE RANGE OFFICE, IN CR 28/2006. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................ Crl.M.C. No. 2223 of 2010 ........................................ Dated: 22nd day of June, 2010 ORDER Petitioner who is the accused in Crime No. 28/2006 of Tripunithura Excise Range for an offence punishable under Sections 8(1) and 2 and 55 (a) of the Abkari Act and whose case is now pening before the Addl. Chief Judicial Magistrate as C.P. No. 37 of 2009 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 22nd day of June, 2010. Sd/-V. RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge