IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1720 of 2010() ------------------------- CC.1271/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): --------------- K.C.POULOSE,AGED 69 YEARS,S/O.CHACKU, KIDANGEL HOUSE,MALAYATTOOR KARA, MALAYATTOOR VILLAGE,ALUVA TALUK. BY ADV. SRI.P.F.FRANCIS RESPONDENT(S): --------------- 1. V.A.THOMAS,S/O.ANTONY, VEMPILIYATH HOUSE,ANGAMALLY KARA, ANGALAMLY VILLAGE, ALUVA TALUK. 2. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, KALADY. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J ----------------------- Crl.M.C No.1720 OF 2010 -------------------------------- Dated this the 19th day of May 2010 ORDER Petitioner who is the accused in C.C No. 1271/2002 pending before the Judicial First Class Magistrate Court-II, Aluva for offences punishable under Section 138 of the Negotiable Instruments Act 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. 3. 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, Crl.M.C No.1720 OF 2010 Page numbers 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. Sd/- V.RAMKUMAR JUDGE //True Copy// P.A To Judge vdv