IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Crl.MC.No. 2695 of 2010() ------------------------- ( CRIME NO.508/1997 OF HOSDURG POLICE STATION, KASARAGOD) .................... PETITIONER: ACCUSED ---------------------- PHALGUNAN.T.V., AGED 38 YEARS, S/O.GANGADHARAN, AYANUR VILLAGE, AYANUR KADAPPURAM, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.508/1997 OF HOSDURG POLICE, KASARGOD DISTRICT). PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2695 of 2010 ---------------------------------- Dated this the 21st day of July, 2010 ORDER Petitioner who is the accused in Crime No.508 of 1997 of Hosdurg Police Station for an offence punishable under Section 55(a) of Abkari Act and whose case is now pending before the Assistant Sessions Judge, Hosdurg as L.P.No.45 of 2009, seeks a direction to the said Judge 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 Assistant Sessions Judge, Hosdurg and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Judge and Crl.M.C.No.2695/2010 : 2 : 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 21st day of July, 2010. V.RAMKUMAR, JUDGE skj