IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 1890 of 2010() ------------------------- LPC.119/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): 1ST ACCUSED -------------------------- PATHALA PUTHIYA PURAYIL MUSTHAFA, S/O. IBRAHIM, MADAKKARA, MATTOOL, PAZHAYANGADI, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. THE S.I. OF POLICE, PAZHAYANGADI POLICE STATION. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................................... Crl.M.C. No. 1890 of 2010 ............................ Dated: 1st day of June, 2010 ORDER Petitioner who is the first accused in Crime No. 3 of 1997 of the Pazhayangadi Police Station for an offence punishable under Sec. 427 read with Sec. 34 I.P.C. and Section 3 (2) (a) of Prevention of Damage to Public Property Act, 1984 and whose case is now pending before the J.F.C.M. Payyannur as L.P.C. 119 of 2003 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 against him. V. RAMKUMAR, (JUDGE)