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. 2349 of 2010() ------------------------- CP.82/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... PETITIONERS: ACCUSED ---------------------- 1. VINOD, S/O.VARGHESE, PUTHENPURACKAL, KOCHARA, IDUKKI. 2. JAISON, S/O.VARGHESE, PLAPPALLIL, SULTHANMEDU, KOCHARA, IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.108/2009 OF KAMBAMMETTU POLICE STATION, IDUKKI). PUBLIC PROSECUTOR SRI.HRITHIK 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.2349 of 2010 -------------------------------------- Dated this the 29th day of June, 2010 ORDER Petitioners who are accused in Crime No.108/2009 of Kambammettu Police Station, Idukki for an offence punishable under Section 8(1) & (2) of Abkari Act and whose case is now pending before the Judicial Magistrate of the First Class Court, Nedumkandam as C.P.No.82/2009, 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 J.F.C.M., Nedumkandam 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.2349/2010 : 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 29th day of June, 2010. V.RAMKUMAR, JUDGE skj