IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2951 of 2010() ------------------------- SC.120/2009 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... PETITIONER(S): ACCUSED NOS.1 TO 5: 1. SHAIJU.B., S/O.RAGHUNATHAN, BALLA KADAPPURAM, KASARGOD DISTRICT. 2. VINOD, S/O.K.K.BALAKRISHNAN, HOSDURG, KADAPPURAM, KANHANGAD VILLAGE, KASARGOD DISTRICT. 3. RAJESH, S/O.PRAMEELA, BATHERIKAL KADAPPURAM, KANHANGAD VILLAGE, KASARGOD DISTRICT. 4. SUNEESH, S/O.KOTTAN, BATHERIKAL KADAPPURAM, KANHANGAD VILLAGE, KASARGOD DISTRICT. 5. SHAJI, S/O.SHEKARAN, BATHERIKAL KADAPPURAM, KANHANGAD VILLAGE, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT: THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============================= Crl.M.C. No.2951 of 2010 .=============================== Dated: 27.07.2010 ORDER The petitioners, who are accused Nos.1 to 5 in Crime No.751/2007 of Hosdurg Police Station for offences punishable under Sections 143,147,457,436 and 427 read with 149 IPC and whose case is pending as S.C. No.120/2009 on the file of the Additional Sessions Judge (Ad hoc-III), Kasaragod, seek a direction to the said Judge 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 Judge and seek regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioners to surrender before the learned Judge and file an application for regular bail within a period of two weeks from today. In case, the petitioners comply with the above condition, Crl. M.C. No.2951 of 2010 2 they shall be released on bail on appropriate conditions, after recalling the warrant, if any, pending against the petitioners. Petitioners may also file a petition for personal exemption. In case a question of identity does not arise for consideration, the learned Additional Sessions Judge shall consider the said petition favorably particularly in view of the fact that the matter is said to have been settled between the de facto complainant and the petitioners. sj V. RAMKUMAR, JUDGE