IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.MC.No. 265 of 2008() ------------------------ CC.496/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEDUMANGAD .................... PETITIONER: IST ACCUSED ----------------------- SURESH BABU, S/O.VASU, V.K.MANDIRAM, MUTTAPPALAM DESOM, AZHOOR VILLAGE, CHIRAYINKEEZH TALUK. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 265 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of February, 2008 ORDER Petitioner, who is the accused in Crime No.65 of 1997 of Vattappara Police Station for offences punishable under Sections 452, 341, 324, 323 and Section 34 IPC and whose case is pending before the J.F.C.M-I, Nedumangad as C.C.No.496 of 2000 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. The petitioner shall also file an application for discharge before the learned Magistrate within the aforesaid period and contend before the learned Magistrate that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, JUDGE. rv