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. 1232 of 2009() ------------------------- CC.178/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): --------------- BASHEER, AGED 38 YEARS, S/O.KUNJUMOIDEEN, KUNISSERY, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI 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. 1232 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30.04.2009 ORDER Petitioner who is the 3 rd accused in C.C. No. 32 of 2005 on the file of the J.F.C.M., Ramankary for offences punishable under Sections 447, 427, 323 and 506 (ii) of I.P.C. 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 J.F.C.M. and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of three 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 . Alternatively, it shall be open to the petitioner to plead for a discharge on the ground that the co-accused have been acquitted after trial. His application for discharge shall be disposed of without insisting on his personal appearance. V. RAMKUMAR, (JUDGE) ani ani.