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. 3117 of 2010() ------------------------- CP.23/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VAIKOM .................... (CRIME NO.74/08 OF VAIKOM POLICE STATION) PETITIONER(S): PETITIONER: -------------------------------------------- C.SIVARAJ, S/O.CHITHAMBARA GOUNDER, 1/22B ANTIPALAYAM POST, NEGUMAM VIA, POLLACHI TALUK. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): STATE: ---------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.A.RABEEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = Crl.M.C.No. 3117 of 2010 = = = = = = = = = = = Dated: 5th day of August, 2010 ORDER Petitioner, who is the 4th accused in Crime No.74/2008 of Vaikom Police Station for offences punishable under Sections 342 and 364A read with 34 IPC and whose case is now pending before the J.F.C.M Court, Vaikom as C.P. No.23/2008, 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, Vaikom and seeks regular bail. Crl.M.C.No. 3117 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 5th day of August, 2010 V. RAMKUMAR, (JUDGE) dmb