IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 901 of 2008()
1. NIZAR, S/O.ASSAINAR, KOLERITHAZHEKUNI
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY
... Respondent
2. SALEENA, D/O.KUNHAMMAD
For Petitioner :SRI.SUNIL V.MOHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/03/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No. 901 of 2008
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Dated this the 4th day of March, 2008
ORDER
The Petitioner, who is the 1st accused in C.C.No.567 of 2006 on
the file of J.F.C.M-II, Perambra for offences punishable under Sections
498A and 406 IPC and whose case is split up and renumbered as
C.C.No.464 of 2007, now pending before the same court, 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 learned Magistrate and seeks regular bail.
Accordingly, this Criminal Miscellaneous Case is disposed of
permitting the petitioner to surrender before the learned Magistrate
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. The petitioner is also permitted to
plead for a discharge in the meanwhile, on the ground that the co-
accused in the case have been acquitted after trial.
V. RAMKUMAR, JUDGE
sj