IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.MC.No. 740 of 2008() ---------------------------- CRIME NO. 127/2007 of POOJAPPURA POLICE STATION C.P.NO. 77/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM. PETITIONER: ACCUSED NOS.4,5,6 & 8: 1. SUNIL KUMAR, AGED 23 YEARS, S/O. SUKUMARAN, T.C.8/87, CHITRA BHAVAN, SREEKRISHNA NAGAR, VETTAMUKKU,THIRUMALA VILLAGE. 2. RATHEESH @ AJI, AGED 22 YEARS, S/O. SUBBAYYAN, KATTIL VEEDU, T.C.8/1895, VETTAMUKKU, UDAYAGIRI NAGAR, TIRUMALA VILLAGE. 3. MAHESH, AGED 21 YEARS, S/O. NATARAJAN, T.C.8/1894, VETTAMUKKU, UDAYAGIRI NAGAR, TIRUMALA VILLAGE. 4. VIJITH, S/O. VIJAYAKUMAR, AGED 18 YEARS, T.C.6/1643, VETTAMUKKU, NEAR BANK OF INDIA, PTP NAGAR. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.127/2007 OF POOJAPPURA POLICE STATION). BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 740 of 2008 = = = = = = = = = = = = = = Dated this the 21st day of February, 2008 ORDER Petitioners, who are the accused in Crime No.127 of 2007 of Poojappura Police Station for offences punishable under Sections 143, 147, 148, 149, 324 and 308 IPC and Section 27 of the Arms Act and whose case is pending before the Additional Chief Judicial Magistrate, Thiruvananthapuram as C.P.No. 77 of 2007 seek a direction to the said Magistrate to release the petitioner 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 surrenders 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 complies 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. V. RAMKUMAR, JUDGE. rv