IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.MC.No. 742 of 2009() ------------------------ CP.1/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... PETITIONER(S): ACCUSED NO. 3 & 4 ------------------------------------------- 1. NAGARAJAN @ P.N.RAJAN, S/O.VENKATACHALA PILLAI, "GOPAL NIWAS",GAS ROAD, ERUMATHERUVE, MANANTHAVADY. 2. VISWANANTHAN @ KANNAN,S/O.VENKATACHALA PILLAI, "GOPAL NIWAS",D.N.QUARTERS,OZHAYANGADY, MANANTHAVADY. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA,REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 742 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of February, 2009. O R D E R This petition is filed with a prayer to direct the Judicial First Class Magistrate-II, Mananthawady to consider the bail application to be filed by the petitioners on the date of surrender itself in the light of the judgment reported in Sukumari v. State (2001 (1) KLT 22) and to release them on bail. Whether the party is entitled to get a bail or not has to be decided in accordance with law and on the basis of the binding precedent of the Courts. If the petitioners surrender and file an application for bail as far as possible let it be considered on the very same day itself and appropriate orders be passed in accordance with law. In order to enable the Magistrate to do so surrender as well as filing of the bail application shall be done on the early hours of the working day so as to give notice to the Public Prosecutor and comply with other procedural formalities. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-