IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 2047 of 2010() ----------------------------------- LP.2/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA. CRIME NO.139/2000 OF THE SOUTH POLICE STATION. .................... PETITIONER(S): ------------------------ 1. NINAN THAYYIL, AGED 34 YEARS, RESIDING AT B.46, RAJENDER NAGAR, MATHURA ROAD, NEW DELHI-110 068. 2. JAMES J.THAYYIL, AGED 42 YEARS, RESIDING AT B.186, RAJENDER NAGAR, MATHURA ROAD, NEW DELHI-110 068. BY ADV. SRI.VELLAYANI SUNDARARAJU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA. 3. KRISHNAKUMAR, BABY VILLA, VAZHINCHERIYIL WARD, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2047 of 2010 -------------------------------------- Dated this the 14th day of June, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.139/2000 of Alappuzha South Police Station for offences punishable under Sections 120(B) & 420 read with Section 34 I.P.C., and whose case is now pending before the Judicial Magistrate of the First Class-I, Alappuzha as L.P. No.2/2004 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 J.F.C.M, Alappuzha 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 Crl.M.C.No.2047/2010 : 2 : 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 14th day of June, 2010. V. RAMKUMAR, (JUDGE) skj