IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Crl.MC.No. 2332 of 2010() ------------------------- CP.48/2009 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): ACCUSED 1 TO 3 -------------------------------------------------------- 1. JOMY K.THOMAS, S/O.THOMAS, AGED 25 YEARS, CHERIYAKADAVIL HOUSE, KOTHADU P.O., KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. 2. STEPHEN, S/O.THOMAS, AGED 37 YEARS, CHIRAPPURATH HOUSE, PULLAR AMSOM, PALLURUTHY, ERNAKULAM. 3. MURUKESAN, S/O.THANKAPPAN, AGED 32, AMMAPPARAMBIL HOUSE, NARAKKAL, ERNAKULAM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VELLORE POLICE STATION, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = == = = = == Crl.M.C. No.2332 of 2010 = = == = = = = = == = = == = Dated:29.06.2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.63/2008 of Velloore Police Station for offences punishable under Sections 366 and 376 read with 34 IPC and whose case is now pending before the J.F.C.M, Vaikom as C.P. No.48/2009 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 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 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 any non-bailable warrants against them. Dated this the 29th day of June, 2010 V. RAMKUMAR, (JUDGE) sj