IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Crl.MC.No. 1102 of 2008() ------------------------- S.C.748 OF 2005 BEFORE THE PRINCIPAL ASST.SESSIONS COURT, KOLLAM PETITIONER: 5TH ACCUSED -------------------------------------------------- RAJESH KUMAR, "NERIYAMPALLITHRAYIL" CHANGANKULANGARA, OACHIRA KOLLAM DISTRICT. BY ADV. SRI.C.UNNIKRISHNAN RESPONDENTS: ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSEPCTOR OF POLICE OACHIRA, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1102 of 2008 = = = = = = = = = = = = = = Dated this the 13th day of March, 2008 ORDER The Petitioner, who is the accused in S.CNo.748/2005 on the file of the Principal Asst.Sessions Judge, Kollam, which was a prosecution for offences punishable, inter alia, under Sections 307 read with 149 IPC, seeks a direction to the said Judge 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 Judge and seeks regular bail. Accordingly, this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Judge 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 non bailable warrants, if any, against him. V. RAMKUMAR, JUDGE sj