IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Crl.MC.No. 128 of 2008() ------------------------ CC.390/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER: ACCUSED NO.2 --------------------------------------------- JOHNSON DOMINIC, S/O.DOMINIC, AGED 44, PARACKAL VEEDU, KALATHUKADAVU P.O., KOTTAYAM. BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS: COMPLAINANT & STATE ------------------------------------------------------------------- 1. SULAIMAN, S/O.IBRAHIM, VACHAKAL VEEDU, SHALYAMPARA P.O., VELLATHOOVAL, ADIMALI. 2. STATE OF KERALA, REP. BY S.I. OF POLICE, ADIMALI THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.128 of 2008 = = = = = = = = = = = = = = Dated this the 10th day of January, 2008 ORDER Petitioner, who is the accused in Crime No.49 of 2004 of Adimaly Police Station for offences punishable under Sections 406 read with 34 IPC and whose case is pending before the J.F.C.M, Adimaly as C.C.No. 390 of 2006 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 not withstanding the pendency of any non bailable warrants, if any, against him. V. RAMKUMAR, JUDGE sj