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Judgment
V. Ramkumar, J.—Petitioner who is the 2nd accused in Crime No. 128 of 2003 of Kuruppampady Police Station for an offence punishable u/s 55 (a) of the Abkari Act and whose case is now pending before the Addl. Sessions Judge (Adhoc-II), Ernakulam as S.C. No. 254 of 2005, 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 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.
The Petitioner may plead for a discharge in absentia by filing appropriate petition before the Sessions court for the reason that co-accused in the case have already been acquitted after trial.
Dated this the 13th day of July, 2010.