IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Crl.MC.No. 766 of 2008 ------------------------ CP.42/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER: ACCUSED NO.1 & 3 ---------------------------- 1. BIJUNADAN PILLAI, AGED 28 YEARS, S/O.BALAKRISHNAN PILLAI, KRISHNAVILASAM, 9, THAZHATHU KULAKKADA, KULAKKADA PANCHAYATH. 2. SUNIL, S/O.GOPALAN NAIR, VADAKKETHERASSERY VEEDU, THAZHATHU KULAKKADA, KULAKKADA PANCHAYATH. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF KOTTARAKKARA POLICE STATION. BY PUBLIC PROSECUTORMR. P.N. SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 766 of 2008 = = = = = = = = = = = = = = Dated this the 27th day of February, 2008 ORDER Petitioners, namely, Bijunadan Pillai, S/o. Balakrishna Pillai and Sunil, S/o. Gopalan Nair, seek a direction to the Judicial First Class Magistrate-I, Kottarakkara to release them on bail in C.P.No.42/2007 on the date of their surrender itself. According to the petitioners, they are hunted after by the police on the ground that the petitioners are accused Nos.1 and 3 in Crime No.622/2001 of Kottarakkara police station registered for an offence punishable under Section 55(g) of the Abkari Act. It is the further case of the petitioners that while the first accused in the above crime is one Biju, S/o. Balakrishnan having a different address from that of the first petitioner and the third accused is one Sunil Kumar @ Suni, S/o. one Gopalakrishna Pillai also CRL.M.C.NO. 766/208 -2- having a different address from that of the 2nd petitioner, the petitioners are being chased by the police for executing non- bailable warrants allegedly issued by the Magistrate. It is the case of the petitioners that they have nothing to do with the occurrence alleged in the above crime. This Crl.M.C. is disposed of permitting the petitioners to surrender before the said Magistrate and file an application for regular bail within two weeks from today. It shall be open to the petitioners to contend before the Magistrate by producing adequate materials to show that the petitioners herein are not accused Nos.1 and 3 police records. In case the magistrate is satisfied that the petitioners are not accused Nos.1 and 3 in the above case, then the petitioners shall be allowed to go after recalling the warrant. If, on the other hand, the Magistrate is convinced on reliable materials that the petitioners are accused Nos.1 and 3 in the case, the Magistrate shall dispose of their bail application on merits expeditiously. ks. V. RAMKUMAR, JUDGE CRL.M.C.NO. 766/208 -3- ks.