IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Crl.MC.No. 875 of 2009() ------------------------ SC.306/2008 of ADDL. SESSIONS COURT (ADHOC)-II, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------- 1. GIRI.P.V., S/O.PAZHANISWAMY, AGED 40 YEARS, CHENTHAKADA, KOTTATHARA, AGALI, MANNARKAD. 2. RAMASWAMY, S/O.PALANI KOUNDER, AGED 54, MATTATHUKADU, KOTTATHARA, AGALI, MANNARKKAD. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON 04/03/2008 PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 875 OF 2009 --------------------------------- Dated this the 4th day of March, 2009 O R D E R This petition is filed with a prayer to stay all further proceedings against the petitioners pursuant to the non bailable warrant issued in S.C. 306/2008 on the file of the Addl. Sessions Judge, Fast Track-II Court, Palakkad. The petitioners are accused in the said case under Section 55(a) of the Abkari Act. It is submitted that on account of the inability and as they had gone for work in Tamil Nadu, they could not appear before the court which resulted in the issuance of non bailable warrant. 2. Therefore I feel, a direction can be given to the Addl. Sessions Judg, Fast Track-II Court, Palakkad to consider and pass an order on the bail application if the petitioners surrender before that court and move an application for bail. In order to enable the Sessions Judge to give notice to the prosecutor, the surrender as well as the filing of the bail application shall be done in the early hours of the working day. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm