IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Crl.MC.No. 1393 of 2008() ------------------------- SC.361/2004 of ASSISTANT SESSIONS COURT, OTTAPPALAM CRIME NO. 457/1999 of OTTAPALAM POLICE STATION .................... PETITIONER/ACCUSED: -------------------------- UNNIKRISHNAN @ KUTTAN, S/O. RAMA NARAYAN, THEKKEKUNDIL HOUSE, KONDAZHI, THRISSUR DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT: ---------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE, OTTAPALAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1393 of 2008 = = = = = = = = = = = = = = Dated this the 31st day of March, 2008 ORDER Petitioner, who is the 2nd accused in Crime No.457 of 1999 of Ottapalam Police Station for an offence punishable under Section 55(a) of the Abkari Act and whose case is pending before the Assistant Sessions Court, Ottapalam as S.C. No. 361 of 2004, seeks a direction to the Sessions Judge 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 Judge and seeks regular bail. Accordingly, this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Judge 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 Crl.M.C.No. 1393/2008 2 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. The petitioner may also in the meanwhile plead for a discharge on the ground that the co-accused in the case have been acquitted after trial as per judgment dated 07.12.2004 in S.C. No. 20 of 2002. V. RAMKUMAR, JUDGE. rv