IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.MC.No. 797 of 2008() ---------------------------- CRIME NO. 1221/2008 of KONDOTTY POLICE STATION PETITIONER: -------------- 1. ALAVI, S/O. AVARAN, ALUNGATHODI, CHIRAYIL CHUNGAM P.O., NEDIYIRIPPU, MALAPPURAM. 2. KABEER, S/O. ALAVI, ALUNGATHODI, CHIRAYIL CHUNGAM P.O., NEDIYIRIPPU, MALAPPURAM. 3. MUNAS, S/O. ALAVI, ALUNGATHODI, CHIRAYIL CHUNGAM P.O., NEDIYIRIPPU, MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS/STATE/COMPLAINANT: ------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = ======== = = = = = = = = = = Crl.M.C.No. 797 of 2008 = = = ======== = = = = = = = = = = Dated this the 22nd day of February, 2008 ORDER Petitioners, who are accused Nos. 1 to 3 in Crime No. 121 of 2008 of Kondotty Police Station for offences punishable under Sections 341, 323 r/w Section 3(1)(x) of SC/ST Prevention of Atrocities Act and whose case is pending before the J.F.C.M,Malappuram, seek 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 learned Magistrate and seek regular bail. 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 notwithstanding the pendency of non bailable warrants, if any, against them bear in mind the decision reported in Shanu v. State of Kerala 2000(3) KLT 452 . V. RAMKUMAR, JUDGE. rv