IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 2131 of 2010() ------------------------- LPR.136/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): ACCUSED 1 TO 3: ---------------------------------------------------- 1. JAZAR @ MOHAMMED RAFEEK, S/O.RAZAK, AGED 26 YEARS, MELATTATHU HOUSE, CHAMAKKALA DESOM, EDATHURUTHI VILLAGE, KODUNGALLUR TALUK. 2. MUNEER, S/O.MOHAMMDALI, AGED 21 YEARS, PARUPANAKKAL HOUSE, CHAMAKKALA DESOM, EDATHURUTHI VILLAGE, KODUNGALLUR TALUK. 3. AMEER, S/O.ABDUL RAHMAN, AGED 25 YEARS, VALLIVATTOM HOUSE, CHAMAKKALA DESOM, EDATHURUTHI VILLAGE, KODUNGALUR TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, POLICE STATION, MATHILAKAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = == = = = == Crl.M.C. No.2131 of 2010 = = == = = = = = == = = == = Dated: 17.06.2010 ORDER Petitioners, who are accused Nos.1 to 3 and in Crime No.639 of 2005 of Mathilakam Police Station for offences punishable under Sections 341,323,324,308,120(B) and 109 read with 34 IPC and Section 27 of the Arms Act and whose case is now pending before the J.F.C.M, Kodungallur as L.P. No.136/2007 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 J.F.C.M, 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 June, 2010 V. RAMKUMAR, (JUDGE) sj