IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3190 of 2010()
1. V.A.JAMES, S/O. LATE ANTONY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/08/2010
O R D E R
V. RAMKUMAR, J.
= = = = = = = = = = = = = =
Crl.M.C. No.3190 of 2010
= = = = = = = = = = = = = = =
Dated: 13.08.2010
ORDER
Petitioner, who is the 3rd accused in Crime No.397/2005
of Kasba Police Station, Palakkad for an offence punishable under
Section 55(a) of the Abkari Act and whose case is now pending
before the J.F.C.M-I, Palakkad as C.P.No.24/2007, 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 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 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, bearing in mind the
decision in Sukumari v. State of Kerala – 2001 (1) KLT 22.
Dated this the 13th day of August, 2010
V. RAMKUMAR,
(JUDGE)
sj