Jyothi kumar vs Sub-Inspector of Police and Sreekumari

V. Ramkumar, J.—Petitioner who is the accused in Crime No. 204/2005 of Pulikeezhu Police Station for offences punishable under Sections 498A, 420, 406, 506(1) read with 34 IPC and whose case is now pending before the Judicial First Class Magistrate Court, Thiruvalla as C.C. No. 663/2008, seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself.

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 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 24th day of May, 2010.