IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 2079 of 2010() ----------------------------------- CP.37/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM C.R. NO.28/2006 OF THE EXCISE RANGE OFFICE, THRIPOUNITHURA. .................... PETITIONER(S): 6TH ACCUSED -------------------- SHANMUGAN,AGED 46 YEARS S/O.ANANDAN,CHEMMANI HOUSE, ALAPPAT VILLAGE THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR , EXCISE RANGE OFFICE THRIPUNITHURA, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2079 of 2010 -------------------------------------- Dated this the 14th day of June, 2010 ORDER Petitioner who is the 6th accused in Crime No.28/2006 of Thripunithura Excise Range for offences punishable under Sections 8(1), (2) & 55(a) of the Abkari Act and whose case is now pending before the Additional Chief Judicial Magistrate Court, Ernakulam as C.P.No.37/2009, 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 Additional Chief Judicial Magistrate 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 Crl.M.C.No.2079/2010 : 2 : 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 14th day of June, 2010. V.RAMKUMAR, JUDGE skj