IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Crl.MC.No. 2662 of 2010() ------------------------- LP.90/2004 of JUDL.MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA .................... PETITIONER:1st ACCUSED --------------- RETHEESH,AGED 35 YEARS,S/O.SASI, CHANIPARAMBIL, PALLURUTHY, KOCHI-ERNAKULAM. BY ADV. SRI.V.JOHN SEBASTIAN RALPH RESPONDENT: --------------- STATE OF KERALA, REPRESNTED BY THE S.I.OF POLICE, IN CR.NO.253/1999 OF MOOVATUPUZHA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2662 of 2010 ---------------------------------- Dated this the 19th day of July, 2010 ORDER Petitioner who is the first accused in Crime No.253 of 1999 of Muvattupuzha Police Station for an offence punishable under Section 379 read with Section 34 of I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class, Moovatupuzha as L.P.No.90 of 2004, 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., Moovatupuzha and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting Crl.M.C.No.2662/2010 : 2 : 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 against him. Dated this the 19th day of July, 2010. V.RAMKUMAR, JUDGE skj