IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Crl.MC.No. 3115 of 2010() -------------------------------------- AGAINST THE ORDER IN CP.33/2010 IN LP.162/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA . (CRIME NO.534/2005 OF THE PATHANAMTHITTA POLICE STATION.) .................... PETITIONER(S): ACCUSED --------------------------------------- ANISH AGED 31 YEARS, PONNITTAVILAYIL HOUSE, KODUMON VILLGE, ADOOR TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA SMT.K.M.NAZREEN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.3115 of 2010 = = = = = = = = = = = = Dated: 5th day of August, 2010 ORDER Petitioner, who is the 3rd accused in Crime No.534/2005 of Pathanamthitta Police Station for offences punishable under Sections 8(1) and (2) of the Abkari Act and whose case is now pending before the J.F.C.M Court-I, Pathanamthitta as L.P. No.162/2007, 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-I, Pathanamthitta and seeks regular bail. Crl.M.C. No.3115 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 5th day of August, 2010 V. RAMKUMAR, (JUDGE) dmb