IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Crl.MC.No. 1277 of 2008() ------------------------- CR NO. 256/1996 of PAYYANNUR POLICE STATION CP.16/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/2ND ACCUSED: -------------------------------- THAYAMBATH RAVEENDRAN, S/O. KUNHAMBU, AGED 46 YEARS, THAYAMBATH HOUSE, THEKKEMAMBALAM, PAYYAVUR AMSOM, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT/STATE: ------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PAYYANUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, KERALA HIGH COURT, ERNAKULAK. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1277 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of March, 2008 ORDER Petitioner, who is the 2nd accused in Crime No.256 of 1996 of Payyannur Police Station for offences punishable under Sections 3 and 5 of the Explosive Substances Act, 1908 and whose case is pending before the J.F.C.M, Payyannur as C.P.No. 101 of 2000, 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. 1277/2008 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. The petitioner may also in the meanwhile plead for a discharge on the ground that the co-accused in the case have been acquitted after trial as per judgment dated 13.10.2004 in S.C. No. 503 of 2000 on the file of the Additional Sessions Court, Adhoc-II, Thalassery. V. RAMKUMAR, JUDGE. rv