IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2903 of 2010() ------------------------- L.P.No.8/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER/ACCUSED NO.1: --------------- BIJUKUMAR, AGED 39 YEARS, S/O.RAVEENDRAN KANGAKKATIL VEEDU, KILIKOLLOOR MURI & VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT: --------------- 1. THE SUB INSPECTOR, PATHANAMTHITTA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2903 of 2010 ---------------------------------- Dated this the 23rd day of July, 2010 ORDER The petitioner, who is the first accused in Crime No.759 of 2004 of Pathanamthitta Police Station for an offence punishable under Section 498(A) read with Section 34 I.P.C. and whose case is now pending before the Chief Judicial Magistrate, Pathanamthitta as L.P. No.8 of 2008, 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 Chief Judicial Magistrate, Pathanamthitta and seeks regular bail. Crl.M.C.No.2903/2010 : 2 : 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 against him. Dated this the 23rd day of July, 2010. V.RAMKUMAR, JUDGE skj