IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 296 of 2008() ------------------------ CC.52/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED NO.1 & 2 ------------------------------------------------------- 1. JOSEPH.K.J., S/O.JACOB, AGED 32 YEARS, KANNOTHPARAMBU, PANAMPALLY NAGAR, ERNAKULAM. 2. SUJITH, AGED 28 YEARS, S/O.VARGHESE.P.J., PANEKKATTU, PANAMPALLY NAGAR, ERNAKULAM. BY ADV. SRI.SANIL KUMAR RESPONDENTS: COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25 /01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 296 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of January, 2008 ORDER Petitioners, who is are accused Nos.1 and 2 in Crime No. 83 of 2002 of Ernakulam Town South Police Station for offences punishable under Sections 324,326 read with Section 34 IPC and whose case is pending before the Additional Chief Judicial Magistrate, Ernakulam as C.C.No.52 of 2003 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 not withstanding the pendency of non bailable warrants, if any, against them. V. RAMKUMAR, JUDGE sj