IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 885 of 2010() ------------------------ SC.531/2007 of SPL.COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER(S): ACCUSED ---------------------- AFSAL, S/O.KUNHABDULLA, AGED 26 YEARS, PUTHALATH HOUSE, IYYANKODE, NADAPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.885 of 2010 = = = = = = = = = = = Dated: 3rd day of June, 2010 ORDER Petitioner, who is the accused in Crime No. 196/2003 of Nadapuram Police Station for an offence punishable under Section 55(a) of the Abkari Act and whose case is now pending before the Special Court for NDPS Cases, Vadakara as S.C No. 531/2007, seeks a direction to the said Court 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 Special Court for NDPS Cases, Vadakara and seeks regular bail. Crl.M.C. No.885 of 2010 2 Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the Court below 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 and after considering the explanation offered by the petitioner for his previous non- appearance and also after considering the fact that the co- accused in the case have been acquitted after trial. Dated this the 3rd day of June, 2010 V. RAMKUMAR, (JUDGE) dmb