IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Crl.MC.No. 904 of 2009() --------------------------- (SC.458/2008 ON THE FILE OF THE COURT OF ADDITIONAL SESSIONS & DISTRICT JUDGE(ADHOC) III, NORTH PARAVUR) .................... PETITIONER(S)ACCUSED 1-9: ------------------------------------- 1. RAJESH,AGED 38 YEARS,S/O.RAGHU, KALLUMADATHIL HOUSE,UNICHIRA, MANTHUPADOM,PUTHUPALLIPURAM KARA, THRIKKAKARA NORTH VILLAGE. 2. PRAVEEN,AGED 26 YEARS,S/O.BOSE, KURUPPUMPARAMBIL HOUSE,UNICHIRA, MANTHUPADOM,PUTHUPALLIPURAM KARA, THRIKKAKARA NORTH. 3. MAHESH,AGED 22 YEARS,S/O.KRISHNAN, SOPANAM HOUSE,NEAR SNDP TEMPLE, KANGARAPADY,VADACODU KARA, THRIKKAKARA NORTH VILLAGE. 4. PYARILAL,AGED 39 YEARS, S/O.VIAJAY PANICKER, VAZHAKKAL PARAMBIL, KUMMONCHERRY ROAD, PUTHUPALLIPURAM KARA, THRIKKAKARA NORTH VILLAGE. 5. PRASAD,AGED 28 YEARS,S/O.AYYAPPAN, MANATHUPADAM, PUTHUPALLIPURAM KARA, THRIKKAKARA NORTH VILLAGE. 6. SUNIL BABU,AGED 28 YEARS, S/O.GOPINATHAN,MULLEPADOM ROAD, H.M.T.JUNCTION,KALAMASSERRY. 7. SUDHEER,AGED 29 YEARS, S/O.KANAKAN,CHOOREKATTIL HOUSE, EDAPPALLY TOLL. 8. SHIBU,AGED 32 YEARS, S/O.AYYAPPANKUTTY, PULIYANA VEEDU, PALLILANKAVU,KALAMASSERRY. 9. VIBIN,S/O.VINCENT, KOTTACKAL HOUSE,MALATH ROAD, UNICHIRA,THRIKKAKARA. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.AJITH KUMAR (KALLESSERIL) RESPONDENT(S)/STATE: ----------------------------- STATE OF KERALA, REP.BY C.I.OF POLICE, KALAMASSERRY POLICE STATION, (CRIME NO.580/06 OF KALAMASSERRY POLICE STATION. REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 904 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of March, 2009. O R D E R This petition is filed with a prayer to quash the order dated 9.2.2009 whereby a non-bailable warrant is issued against the accused and notice to sureties is also issued. It is submitted by the learned counsel for the petitioner that the petitioners have not received any summons and there was no deliberate or willful laches on their part to attend the Court on that day. It appears that it was a first posting date and therefore if the petitioners surrender before the Court and apply for bail let it be considered on the same day sympathetically and appropriate orders be passed in accordance with law. If the same sureties are available and the Court is satisfied that there is no deliberate act on the part of the petitioners, the Court shall permit the same sureties to continue. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-