IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.MC.No. 1149 of 2008() ----------------------------- C.P. NO. 18/2008 of JUDICIAL FIRST CLASS MAGISTRATE, KASARAGOD ......................... PETITIONER: ACCUSED ------------------------- 1. SHIJU KUMAR, S/O.SUKUMARAN, USHA MANDIRAM, CHAMUNDI KUNNU, PANATHADI, KASARAGODE. 2. K.M.PRAKASAN, S/O.KORAGAPPA GAUDA, CHOORITHODU, BENTHADUKKA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- 1. SUB INSPECTOR OF POLICE, BEDAGAM POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1149 of 2008 = = = = = = = = = = = = = = Dated this the day of March, 2008 ORDER Petitioners, who are accused in CP No. 18 of 2008 on the file of the Judicial First Class Magistrate, Kasaragod for an offence punishable under Section 8(2) of the Abkari Act seek 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 notwithstanding the pendency of non bailable warrants, if any, against them. V. RAMKUMAR, JUDGE. rv