IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 442 of 2008() ------------------------ LP.51/2007 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER: ACCUSED 1 & 2 1. BIJU, S/O.YESHODHARAN, AGED 26 YEARS, KUMPOLIL PADEETHIL, PUTHUPPALLI NORTH MURI, PUTHUPALLI VILLAGE, ALAPPUZHA DISTRICT. 2. BINU, S/O.YASHODHARAN, AGED 24 YEARS, KUMPOLIL PADEETHIL, PUTHUPALLI NORTH MURI, PUTHUPALLI VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 442 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of February, 2008 ORDER Petitioners, who are accused Nos.5 and 6 in Crime No.547/2003 of Kayamkulam Police Station for offences punishable under Sections 341,323 and 324 read with 34 IPC seeks to recall the non bailable warrants of arrest against them and to consider and pass orders on the bail application on the date of its filing. 2. Consequent on the non appearance of the petitioners before the J.F.C.M Court, Kayamkulam, the case against them was split up and transferred to the Long Pending Register as L.P.No.51/2007. Non bailable warrants of arrest are pending against the petitioners. 3. 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 and also attempt an application for discharge. Crl.M.C.No.442 of 2008 2 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 above condition, their bail application shall be considered and disposed of on merits preferably on the same date on which it is filed. The petitioners may also seek a discharge on the ground that the co-accused in the case have been acquitted after trial. The non bailable warrants, if any, pending against the petitioners, shall not be executed, till the disposal of their bail application. V. RAMKUMAR, JUDGE sj