IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.MC.No. 1055 of 2008() ------------------------- C.P.NO.128 OF 2007 ON THE FILE OF THE J.F.C.M, PAYYANNUR PETITIONER: ACCUSED NOS.1-4 ------------------------------------------------------ 1. RAFEEK C.P., S/O.AZEEZ, AGED 29 YEARS CHEMMARAMKATTIL HOUSE, VADAKKUMBAD. 2. PARVESH, S/O.ABDUL SALAM AGED 24 YEARS, CHENODATH MADATHIL HOUSE VADAKKUMBAD. 3. AMEEN, S/O.AMEER, AGED 23 YEARS NADUVELLIYIL NADUVILE PURAYIL HOUSE VADAKKUMBAD. 4. SIDDIQUE, S/O.MOIDEEN CHEMMARAMKATTIL HOUSE, VADAKKUMBAD. BY ADV. SRI.P.M.HABEEB RESPONDENTS: STATE ----------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. (CRIME NO.191 OF 2007 OF PAYYANNUR POLICE STATION) 2. SUB INSPECTOR OF POLICE PAYYANNUR POLICE STATION. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1055 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 ORDER The Petitioners, who are the accused C.P.No.128 of 2007 pending before the J.F.C.M, Payannur, 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. 3. 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 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 non Crl.M.C.No.1055 of 2008 2 bailable warrants, if any, against them. Since the petitioners were not in station, there is a technical violation of the bail condition regarding reporting before the Police allegedly committed by the petitioners. The charge sheet was also filed before the learned Magistrate. The learned Magistrate shall not take the technical violation as a ground for refusing the bail, if the petitioners are otherwise entitled to bail. V. RAMKUMAR, JUDGE