IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Crl.MC.No. 1320 of 2008() ------------------------- CC.783/2000 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED 1 & 2 ------------------------- 1. KUPPUSWAMY.K., AGED 47 YEARS, S/O.KANTHASWAMY, B.H.ROAD, FIRST CROSS, BHADRAVATHY TALUK, SHIMOGA DISTRICT, KARNATAKA STATE, PRESENTLY RESIDING NEAR K.K.SWAMY KALYANAMANDAPAM, MELETHERU, PALAKKODE, DHARMAPURI DISTRICT, TAMIL NADU. 2. M.NAGARAJAN, AGED 31 YEARS, S/O.MUTHU SWAMY, VALANTHANKOTTAYIL, ECHIPALAYAM (P.O), KODUMUDI - VIA, ERODE DISTRICT TAMIL NADU, PRESENTLY RESIDING NEAR K.K.SWAMY KALYANAMANDAPAM, MELETHERU, PALAKKODE, DHARMAPURI DISTRICT, TAMIL NADU. BY ADV. SRI.NAGARAJ NARAYANAN SRI.A.S.SABU SRI.SAIJO HASSAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON 27/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1320 of 2008 * * * * * * * * * * * * * * * * * * Dated: 27-03-2008 ORDER Petitioners are accused 1 and 2 in C.C. No. 783 of 2000 on the file of the Addl. Chief Judicial Magistrate Court, Ernakulam for an offence punishable under Section 420 read with Section 34 I.P.C. 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. and seeks 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, if any, against them and after considering the explanation offered by the petitioners for their previous non- appearance. V. RAMKUMAR, (JUDGE) ani ani.