IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Crl.MC.No. 3679 of 2011() ------------------------- CC.81/2011 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG CRIME NO.70 OF 2009 OF BEKAL POLICE STATION .................... PETITIONERS/ACCUSED: --------------- 1. SALEEM KUNIL, AGED 37 YEARS, S/O.MOHAMMED KUNHI, NEAR HADAD NAGAR MADRASSA, PALLIKARA VILLAGE, KASARAGOD DISTRICT. 2. K.MOHAMMED KUNHI, AGED 43 YEARS, S/O.ABDUL RAHIMAN, KUNIL HOUSE, NEAR HADAD NAGAR MADRASSA, PALLIKARA VILLAGE, KASARAGOD DISTRICT. 3. ABBAS, AGED 54 YEARS, S/O.MOHAMMED HAJI, HADAD NAGAR, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 4. MOHAMMED @ ABDUL BASHEER, S/O.ABDUL RAHIM, AGED 31 YEARS, KHILIDIYA NAGAR, PALLIKARA, KASARAGOD DISTRICT. 5. ABDUL RAHIM, AGED 39 YEARS, S/O.SULAIMAN HAJI, HADAD NAGAR, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.HEMALATHA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- Crl.M.C.No.3679 OF 2011 --------------------------------- Dated this the 31st day of October, 2011 ORDER The petitioners state that they are accused Nos.2, 4, 5, 6 and 7 in Crime No.70 of 2009 of Bekal Police Station, which is now pending as C.C.No.81 of 2011 before the Court of the Judicial Magistrate of the First Class-II, Hosdurg. It is stated that the offences alleged against the accused are under Sections 143, 147, 188 and 353 read with 149 of the Indian Penal Code. Non bailable warrant was issued by the court for the arrest of the petitioners. The petitioners apprehend that if they surrender before the court, they would be remanded. 2. The prayer in the Crl.M.C is to recall the non bailable warrant issued against the petitioners and to issue a direction to the learned Magistrate to consider the Bail Application to be filed by the petitioners on the same day on which it is filed. Crl.M.C.No.3679 OF 2011 2 3. The learned Public Prosecutor submitted that if the petitioners surrender on a day without prior intimation, the Assistant Public Prosecutor would be put to great difficulty. 4. In these circumstances, the Crl.M.C is disposed of as follows: a) The petitioners shall surrender before the Court of the Judicial Magistrate of the First Class-II, Hosdurg on 10th November, 2011 at 11 A.M. b) If they file any application for bail, notice shall be given to the Assistant Public Prosecutor. The learned Magistrate shall consider the Bail Application on merits on the same day. Crl.M.C is disposed of as above. K.T.SANKARAN, JUDGE. cms