IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 1255 of 2008() ------------------------- CC.113/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER: ACCUSED NO.5 ------------------------ MANSOOR MOORKAN, S/O.ABDULLA MOORKKAN HOUSE, MEPPADAM, MAMPAD MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE NILAMBUR POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-03-2008 , THE COURT ON 24/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1255 of 2008 * * * * * * * * * * * * * * * * * * Dated: 24th day of March 2008 ORDER Petitioner who is the 5th accused in Crime No. 26 of 2006 of Nilambur Police Station for offences punishable under Sections 143, 147, 148, 323 and 324 read with Sec. 149 I.P.C. and whose case is now pending as C.C. No. 113 of 2006 on the file of the J.F.C.M. Nilambur 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, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance. If the petitioner is released on bail, the learned Magistrate shall not insist on surrender of his passport since the petitioner is working abroad. V. RAMKUMAR, (JUDGE) ani ani.