IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Crl.MC.No. 4587 of 2010() ----------------------------------- ( C.P. NO. 88/2008 IN CRIME NO. 19/2008 OF THE EXCISE RANGE, THIRUVALLA) ----------------- PETITIONER(S): ACCUSED -------------------------------------- ANIL KUMAR, AGED 32 YEARS, S/O. THANKACHAN,KANIYAMBARA COLONY VEEDU, PADINJATTOTHARAMURIYIL, KUTTOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST. BY ADVS. SRI.M.T.SURESHKUMAR SRI. RAJA VIJAYARAGHAVAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No. 4587 of 2010 = = = = = = = = = = = = Dated: 19th day of November, 2010 ORDER Petitioner, who is the sole accused in Crime No.19/2008 of Thiruvalla Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act and whose case is now pending before the J.F.C.M Court-I, Thiruvalla as C.P. No.88/2008, 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 Court-I, Thiruvalla and seeks regular bail. Crl.M.C. No. 4587 of 2010 2 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 19th day of November, 2010 V. RAMKUMAR, (JUDGE) dmb