IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1895 of 2010() ------------------------- CC.187/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): (ACCUSED 3 AND 4): ------------------------------------------------------- 1. SALAHUDHEEN, S/O.AHAMMED, MEETHALAPUTHUPPAL VEETTIL, PANOOR AMSOM, ELANKOD. 2. LATHEEF, S/O.MOOSA, PANOOR AMSOM, ELANKOD. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): (CLAIMANT & STATE) ---------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, PANOOR POLICE STATION, PANOOR. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1895 of 2010 -------------------------------------- Dated this the 2nd day of June, 2010 ORDER Petitioners who are accused Nos.3 and 4 in C.C.No.187 of 2008 on the file of Additional Chief Judicial Magistrate Court, Thalassery for offences punishable under Sections 143, 147, 148, 341, 323, 452, 427, 506(ii) read with Section 149 of I.P.C., seeks a direction to the said Magistrate to release the petitioners 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 C.J.M. and seeks 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 complies Crl.M.C.No.1895/2010 : 2 : with the above condition, their bail applications shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any 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. Dated this the 2nd day of June, 2010 V.RAMKUMAR, JUDGE skj