IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 3383 of 2010() ------------------------- CRIME NO. 18 OF 2005 OF THE NAYYATTINKARA EXCISE RANGE .................... PETITIONER(S): ACCUSED 1 & 2 -------------------------- 1. ASHOKAN, S/O.SADHASIVAN, KRISHNA BHAVAN, PUTHRAVILA, VADAKODU DESOM, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK. 2. KUMAR, S/O.SADHASIVAN, NMC VIII/160, KUNCHUMADAM VEEDU, VENMANIKKARA, THOZHUKAL DESOM, NEYYATTINKARA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, NEYYATTINKARA. PUBLIC PROSECUTOR SRI. HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------------------------------- Crl.M.C. No. 3383 of 2010 ----------------------------------------------- Dated: 17th August, 2010 ORDER Petitioners who are the accused in Crime No.18 of 2005 of Neyyattinkara Excise Range for offences punishable under Sections 12 (1) and 55 (g) of the Abkari Act and whose case is now pending as C.P. No. 67 of 2010 on the file of the J.F.C.M. I, Neyyattinkara, 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. Accordingly, this Crl.M.C. 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 any non-bailable warrants against them. Dated this the 17th day of August, 2010 V. RAMKUMAR, (JUDGE) ani/