IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Crl.MC.No. 852 of 2008() ------------------------ PETITIONER: 3RD ACCUSED: ------------------------ SUDHEER, AGED 28 YEARS, S/O.PAREED, THAZHATHU VEEDU, NELLIKUZHI P.O. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: COMPLAINANT & STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 852 of 2008 * * * * * * * * * * * * * * * * * * Dated: 3rd day of March 2008 ORDER Petitioner who is the 3rd accused in Crime No. 238 of 2001 of Kothamangalam Police Station for offences punishable under Sec. 354 read with Section 34 I.P.C. and whose case is now pending before the J.F.C.M. Kothamangalam as C.C. No. 849 of 2007 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. Sd/-V. RAMKUMAR, (JUDGE) ani /true copy/ ani.