IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Crl.MC.No. 2288 of 2010() ------------------------- CC.263/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S): 2ND ACCUSED ------------------------------------------------- ELSAMMA PAUL, 56 YEARS, W/O. PAUL, NEDUMKALLEL HOUSE, KALLOORKADU KARA, KALLOORKADU VILLAGE NOW RESIDING AT POTHANIKADU KARA, POTHANIKADU VILLAGE. BY ADV. SRI.ELDHO PAUL RESPONDENT(S): COMPLAINANT ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, KALLOORKADU POLICE STATION, KALLOORKADU. 3. SEBASTIAN, AGED 62 YEARS, KOKKATTUMUNDAKAL, HOUSE, MANALINKAL.P.O. AKALAKKUNNAM VILLAGE, KOTTAYAM TALUK. ADV. SRI.P.M.KUNJIMOIDEENKUTTY FOR R3 SRI.LAL K.JOSEPH FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 SRI.P.MURALEEDHARAN (THURAVOOR) FOR R3 SRI.V.R.REKESH FOR R3 PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2288 of 2010 = = = = = = = = = = = = = = Dated: 19.07.2010 ORDER Petitioner, who is the 2nd accused in C.C.No.263/2010 on the file of the J.F.C.M-I, Muvattupuzha, for an offence punishable under Section 420 read with 34 IPC, 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 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. Dated this the 19th day of July, 2010. V. RAMKUMAR, JUDGE sj