IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 994 of 2008() ------------------------ CR.NO.37/2007 of AMARAVILA EXCISE RANGE CP.171/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEYYATTINKARA .................... PETITIONER: ACCUSED -------------------------- DHANAM, S/O.VALSALAM, AGED 37 YEARS, CHIRATHALA MELE PUTHEN VEETTIL, NOW RESIDING AT VAZHAVILA PUTHEN VEEDU, KUNNATHUKAL DESOM, KUNNATHUKAL VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 994 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of March, 2008 ORDER Petitioner, who is the accused in C.R. No. 37 of 2007 of Amarvila Excise Range for offences punishable under Sections 8 (1) and (2) of the Abkari Act and whose case is pending before the J.F.C.M-II, Neyyattinkara as C.P.No. 171 of 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 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 Crl.M.C.No. 994 of 2008 2 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 non bailable warrants, if any, against him. V. RAMKUMAR, JUDGE. rv