IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1136 of 2010()
1. SHIBU KUMAR, S/O. APPU NADAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :25/05/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C. No.1136 of 2010
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Dated: 25th day of May, 2010
ORDER
Petitioner, who is the accused in Crime No.20/2000 of
Vizhinjam Police Station for offences punishable under
Sections 143, 147, 283 read with 149 IPC and whose case is
now pending before the Judicial First Class Magistrate Court-
II, Neyyattinkara as C.C.No. 850/2006, 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 two
Crl.M.C. No.1136 of 2010
2
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 25th day of May, 2010
V. RAMKUMAR,
(JUDGE)
dmb