IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Crl.MC.No. 355 of 2008() ------------------------ CC.191/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: ACCUSED ------------------- 1. RAMACHANDRAN, S/O.PRABHAKARAN, AGED 40 YEARS, PALAKKAL HOUSE, THANNIPADAM, TRISSUR DISTRICT. 2. VASU, S/O.VELLA, AGED 45 YEARS, PANNIKKATHUPURAKKAL, THANNIPADAM, TRISSUR DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FOREST RANGE OFFICER, NELLIAMPATHY RANGE, NEMMARA, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON 28/01/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 355 of 2008 * * * * * * * * * * * * * * * * * * Dated: 28th day of January 2008 ORDER Petitioners who are accused Nos. A4 and A7 in O.R. No. 7 of 1998 of Forest Range Office, Nelliampathy Range, Nenmara for offences punishable under Sections 27 (1)(e) iii and iv of Kerala Forest Act and whose cases are now pending before the J.F.C.M. Alathur as C.P. No. 191 of 2007 seek a direction to the said Magistrate to release the petitioners on bail on the date of his 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 J.F.C.M. Alathur and seek regular bail. Accordingly, this Crl.M.C. 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 notwithstanding the pendency of non-bailable warrants, if any, against them and after considering the explanation offered by the petitioners for their previous non-appearance and also after considering the fact that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, (JUDGE) ani ani.