IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 494 of 2008() ------------------------ CC.353/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER: ACCUSED NOS.1, 3 & 5 ------------------------------------------------------------- 1. SINTO RAJU, S/O.RAJU, VILAYIL PUTHEN VEETTIL, MULLAMUKKU, INCHKKADU MURI, MYLOM VILLAGE, KOTTARAKKARA. 2. SHYJU, S/O.SASIDHARAN, SHYJU NIVAS, PALLICKAL KIZHAKKU MURI, MYLOM VILLAGE, KOTTARAKKARA. 3. PREMAN, S/O.VASUDEVAN, PUTHAMOODU VEEDU, PALLICKAL KIZHAKKU MURI, MYLOM VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: STATE/COMPLAINANT --------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.494 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of February, 2008 ORDER Petitioners, who are 1st , 3rd and 5th accused in Crime No.49 of 2005 of Kottarakara Police Station for offences punishable under Sections 143,147,323 and 353 read with 149 IPC and whose case is now pending before the J.F.C.M. -I, Kottarakkara as C.C. No. 353 of 2005, seeks 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 surrender 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 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 not withstanding the pendency of non bailable warrants, if any, against them. V. RAMKUMAR, JUDGE sj