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. 1113 of 2008() AGAINST THE IN CP 5/06 IN SC.771/2003 of ADDL.SESSIONS COURT(SPL.COURT FOR TRIAL OF SC/ST (PA) ACT CASES,KOZHIKODE PETITIONER: ------------ YOUNUS, AGED 31 YEARS, S/O.KUNHABDULLA, KODENCHI PUTHALATH HOUSE, PURAKKAD AMSOM DESOM, KOYILANDY TALUK. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED 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. 1113 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-03-2008 ORDER Petitioner who is the 5th accused in Crime No. 142 of 2001 of Koyilandy Police Station for offences punishable under Sections 143, 147, 148, 323 and 324 read with Sec. 149 I.P.C. and Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and whose case is now pending before the Sessions Judge, Kozhikode as L.P. No. 5 of 2006, seeks a direction to the said Sessions 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 Sessions Judge and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Sessions 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 Crl.M.C. 1113 of 2008 -:2:- 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 . The petitioner may also plead for a discharge in absentia on the ground that the co-accused have been acquitted after trial. In case, the petitioner files an application for personal exemption during trial, the same shall be considered and orders passed allowing the said request of the petitioner provided the petitioner files an undertaking before the court that he will not raise any dispute regarding his identity. V. RAMKUMAR, (JUDGE) ani ani.