IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.MC.No. 1145 of 2008() ----------------------------- CRIME NO. 36/2004 IN CP NO. 31/2008 of J.F.C.M., KASARAGOD PETITIONER: ACCUSED ------------------------- HARI CHANDRA NAIK, S/O.LATE BHATTYA NAIK, DAINAKKAM HOUSE, MADHUR VILLAGE, DAINOOKKA DESOM, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- 1. THE EXCISE INSPECTOR, KASARAGODE EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1145 of 2008 = = = = = = = = = = = = = = Dated this the 17th day of March, 2008 ORDER Petitioner, who is the accused in Crime No. 36 of 2004 of Excise Range, Kasaragod for an offence punishable under Section 55(a) and (g) of the Abkari Act and whose case is pending before the J.F.C.M, Kasaragod as C.P.No. 31 of 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 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 the above condition, his bail application shall be considered and Crl.M.C.No. 1145/2008 2 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. The petitioner can plead for a discharge at the stage of preliminary hearing under Section 227 Cr.P.C after the case is committed by the Magistrate. V. RAMKUMAR, JUDGE. rv