IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1558 of 2008 ------------------------- CC.21/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER: ACCUSED: -------------------- MUHAMMED ASHRAF, AGED 30 YEARS, S/O. MUHAMMED, ASMABI HOUSE, MANDAKKAD, MALAMPUZHA, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. S.I OF POLICE, MALAMPUZHA POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 8-4-2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1558 of 2008 = = = = = = = = = = = = = = Dated this the 8th day of April , 2008 ORDER The Petitioner, who is the accused in C.C.No.21/2008 on the file of the Judicial First Class Magistrate-III, Palakkad for offences punishable under Sections 143,147,148,324 read with Section 149 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. Accordingly, this Criminal Miscellaneous Case 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 non bailable warrants, if any, against him. The petitioner may also take advantage of the situation that the co-accused have been acquitted after trial. Sd/- V. RAMKUMAR, JUDGE ks TRUE COPY