IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3335 of 2010() ------------------------- L.P.NO.13/2009 OF ADDL. DIST. & SESSIONS JUDGE NDPS COURT, VATAKARA .................... PETITIONER(S): ACCUSED ---------------------- 1. NAZEER, S/O. ABBAS, NELLOLI HOUSE, AZHIYOOR AMSOM, DESOM, VATAKARA TALUK. 2. RAYIS, S/O. ERAMULLAN, AK HOUSE, AZHIYOOR AMSOM, DESOM, VATAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.3335 of 2010 = = = = = = = = = = = Dated:16th day of August, 2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No.157/2006 of Edachery Police Station for offences punishable under Sections 143, 147, 148, 332 and 308 read with 149 IPC and whose case is now pending before the Additional District and Sessions Judge NDPS Court, Vatakara as L.P.No.13/2009, seek a direction to the said Sessions Judge 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 Additional District and Sessions Judge NDPS Court, Crl.M.C. No.3335 of 2010 2 Vatakara and seek regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioners to surrender before the Sessions Judge 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 against them. The petitioners may also highlight the fact that the 1st accused in the case has been acquitted after trial. Dated this the day of 16th August , 2010 V. RAMKUMAR, (JUDGE) dmb