IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1440 of 2009() ----------------------------------- IN CONNECTION WITH SC 45/2008 PENDING BEFORE THE ASSISTANT SESSIONS COURT OTTAPPALAM. PETITIONER/ACCUSED: ---------------------------------- AKBAR,S/O. ABDUL RAHIMAN, PADINJAREPEEDIKAKKAL HOUSE, RAILWAY STATION ROAD OTTAPPALAM PALAKKAD. BY ADV. SRI.VINOD KUMAR .C RESPONDENT/ RESPONDENT: ------------------------------------------- STATE REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. AMJED ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C. No. 1440 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of April, 2009 O R D E R Petitioner who is the 5 th accused in Crime No. 212/2004 of Ottapalam Police Station for offences punishable under Sections 143, 147, 148, 341, 323 and 307 read with section 149 IPC. and section 27(1) of the Arms Act and whose case is now pending before the Assistant Sessions Court, Ottappalam as S.C. No.45/2008 seeks a direction to the court below 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 court below and seeks regular bail. 3. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Sessions Court 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, if any, against him. V.RAMKUMAR, JUDGE. mn.