IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 148 of 2008() ------------------------ AGAINST THE ORDER IN LP 11/2005. IN CP.96/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER: ACCUSED -------------------------------------------- VINOD @ BINU, MANOJ BHAVAN, AATTURKONAM, VELINALLOOR. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: STATE AND COMPLAINANT ------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUNITHA, D/O.SUMATHI, SULAJA VILASOM, MOTORKUNNU, AATTURKONAM, VELINALLOOR. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 148 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14th day of January 2008 ORDER Petitioner who is the accused in Crime No. 271 of 2001 of Pooyapally Police Station for offences punishable under Sections 376 I.P.C. and Sec. 3 (1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and whose case is now pending before the J.F.C.M. -II, Kottarakkara as L.P. No. 11 of 2005 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, 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, if any, against him. V. RAMKUMAR, (JUDGE) ani ani.