IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 830 of 2008() ------------------------ CC.238/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: 11TH ACCUSED ------------------------ MURUGAN, S/O. KANNAN PILLAI, ARYADRAVIDA VEEDHI, 53/B, CHINNAVEDAMPATTI, COIMBATORE. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 830 of 2008 * * * * * * * * * * * * * * * * * * Dated: 26-02-2008 ORDER Petitioner who is the accused in C.C. No. 222 of 2001 which was refiled as C.C. 238 of 2006 on the file of the J.F.C.M., Alathur for offences punishable under Sections 143, 147, 341, 353 and 225 read with Sec. 149 I.P.C. 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 and after considering the explanation offered by the petitioner for his previous non-appearance. Petitioner is also permitted to plead for a discharge on the ground that the co- accused in the case have been acquitted after trial. SD/- V. RAMKUMAR, (JUDGE) ani /TRUE COPY/ ani.