IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Crl.MC.No. 1861 of 2010() ------------------------- LP.41/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): ACCUSED ------------------------------------------ O.F.BENNY, S/O.FRANCIS, OLLAKAIENGAL HOUSE, THAMARASSERY, P.O.KOTTAPADY, CHAVAKKAD THALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE ----------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.1861 of 2010 = = = = = = = = = = = = = = = Dated:28.05.2010 ORDER Petitioner, who is presently the accused in L.P. No.41 of 2008 on the file of the J.F.C.M , Chavakad, for offences punishable under Section 138 of the N.I.Act, 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 against him. Dated this the 28th day of May, 2010 V. RAMKUMAR, (JUDGE) sj