IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Crl.MC.No. 1340 of 2008 ------------------------- LPC. 5 /2005 IN SC.345/1999 of ADDL. SESSIONS COURT (ADHOC-I), THALASSERY .................... PETITIONER: ACCUSED ------------------- HAJEESH @ BAVOOTTY, S/O.RAGHAVAN, AGED 35 YEARS, KALLADATHODE, AZHEEKODE, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1340 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of March , 2008 ORDER The Petitioner, who is the accused in Crime No.511/1997 of Kannur Town Police Station for offences punishable under Section 307 of the Indian Penal Code and whose case is now pending before the Additional Sessions Court (Adhoc-I), Thalassery, as L.P. No. 5 of 2005 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. ks. V. RAMKUMAR, JUDGE sj V. RAMKUMAR, JUDGE ks.