IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.MC.No. 1161 of 2008() ------------------------- C.C.NO.1553/2006 ON THE FILE OF J.F.C.M-I, ATTINGAL PETITIONER: RAJESH V, S/O.VISWANATHA PILLAI, KIZHAKETHIL VEEDU, VAMANAPURAM VILLAGE, PULLAYIL, POYIKADADA, TRIVANDRUM. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: ---------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1161 of 2008 = = = = = = = = = = = = = = Dated this the 17th day of March, 2008 ORDER The Petitioner, who was the 3rd accused in C.C.No.459/2002 of the J.F.C.M- I, Attingal for an offence punishable under Section 394 IPC, and whose case is now pending before the same court as C.C.No.1553/2006, 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 learned Magistrate and seeks regular bail. Accordingly, this Criminal Miscellaneous Case 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 Crl.M.C.No.1161 of 2008 2 and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of non bailable warrants, if any, against him. The petitioner may also file an application, in the meanwhile, for discharge and the same shall be disposed of considering the fact that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, JUDGE sj