IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2796 of 2010() ------------------------- LP.NO. 8/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR CRIME NO.136/2001 OF EDAKKARA POLICE STATION .................... PETITIONER(S): 2ND ACCUSED -------------------------- LATHEEF, S/O MOYIN HAJI, ELATHICKAL HOUSE, NALLOOR KARA, NENMINI VILLAGE MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE C.I. OF POLICE, NILAMBUR IN CRIME NO.136 OF 2001 OF EDAKKARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C.No.2796 of 2010 = = = = = = = = = = = Dated: 23rd day of July, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.136/2001 of Edakkara Police Station for offences punishable under Sections 143, 147, 364A, 120(b), 109 and 201 read with 149 IPC and whose case is now pending before the J.F.C.M Court, Nilambur as L.P. No.8/2004, 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 Court, Nilambur and seeks regular bail. Crl.M.C.No.2796 of 2010 2 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. Dated this the 23rd day of July, 2010 V. RAMKUMAR, (JUDGE) dmb