High Court Kerala High Court

Shibu Kumar vs State Of Kerala on 25 May, 2010

Kerala High Court
Shibu Kumar vs State Of Kerala on 25 May, 2010
       

  

  

 
 
  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.
                    = = = = = = = = =
                 Crl.M.C. No.1136 of 2010
                  = = = = = = = = = = =
               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