IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1473 of 2009() ------------------------- C.C. NO. 228 OF 2009 ON THE FILE OF THE J.F.C.M. (SPECIAL COURT FOR MARK LIST CASES) PETITIONER(S): 2ND ACCUSED -------------------------- REMY JOSEPH, W/O. JOHN MUTHUNGAL, PERMANENT RESIDENT OF P.O. BOX NO. 90, CLOSTER M.J - 07624, NEW JERSY, UNITED STATE4D OF AMERICA. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 3. THE PROSECUTOR MARK LIST CASES, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI. AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1473 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30-04-2009 ORDER Petitioner who is the accused in C.C. No. 228 of 2009 on the file of the Judl. Magistrate of the First Class (Special Court for Mark List Cases) for an offence punishable under Sec. 420 I.P.C. 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, her bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding Crl.M.C. No. 1473 of 009 -:2:- the pendency of any non-bailable warrants, if any, against her. Petitioner shall also be entitled to contend before the magistrate that she was a juvenile on the date of commission of the offence and entitled to the protection under Sec. 7 A of the juvenile Justice (Care and Protection of Children) Act, 2000. Sd/-V. RAMKUMAR, (JUDGE) ani /true copy/