IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1539 of 2008() ------------------------- CC.1016/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM CRIME NO. 40/2007 of MULANTHURUTHY POLICE STATION .................... PETITIONER/ ACCUSED ------------------- 1. SHAJU PETER, S/O PATHROS, AGED 44 YEARS, PUTHENPURACKAL VEEDU, VELIYANADU DESOM, EDAKKATTUVAYAL VILLAGE, ERNAKULAM DISTRICT. 2. ASWIN SAJU, S/O SAJU PETER, AGED 18 YEARS, PUTHENPURACKAL VEEDU, VELIYANADU DESOM, EDAKKATTUVAYAL VILLAGE, ERNAKULAM DISTRICT. 3. JOY, S/O VARGHESE, AGED 41 YEARS, VETTIYAMKANDATHIL VEEDU, OORAKAM KARA, EDAKKATTUVAYAL VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT/COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING S.I. OF POLICE, MULANTHURUTHY POLICE STATION. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1539 of 2008 = = = = = = = = = = = = = = Dated this the 9th day of April, 2008 ORDER Petitioners, who are the accused in Crime No.40 of 2007 of Mulanthuruthy Police Station for offences punishable under Sections 341, 323 r/w Section 34 IPC and whose case is pending before the J.F.C.M-I, Ernakulam as C.C.No. 1016 of 2007, seek a direction to the said Magistrate to release the petitioner on bail on the date of their surrender itself. 2. Admittedly non bailable warrants of arrest are pending against the petitioners. The circumstances under which those non bailable warrants of arrest came to be issued against the petitioners are not discernible to this Court. It is only proper that the petitioners surrender before the learned Magistrate and seek regular bail. Accordingly, this Criminal Miscellaneous Case is disposed of permitting the petitioners to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case the petitioners comply with the Crl.M.C.No. 1539/2008 2 above condition, their 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 them. V. RAMKUMAR, JUDGE. rv