IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1966 of 2010() ------------------------- CP.53/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA CRIME NO.280/2010 OF KADACKAL POLICE STATION PETITIONER(S): ------------------------ 1. SYAMALA, W/O.RAJENDRA PRASAD, AGED 56, JALAJA MANDIRAM, CHITHARA MURI, CHITHARA, MANGODU, KADACKAL VILLAGE, KOTTARAKARA. 2. RAJENDRA PRASAD @ IRAN, AGED 58 YEARS,S/O.RAMAKRISHNAN, JALAJA MANDIRAM, CHITHARA MURI, CHITHARA, MANGODU, KADACKAL VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF POUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOTTARAKARA. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.1966 of 2010 = = = = = = = = = = = = = = = Dated:07.06.2010 ORDER Petitioner, who are the accused in Crime No.280/2010 of Kadackal Police Station for offences punishable under Sections 55 (a) & (i) of Abkari Act and whose case is now pending before the J.F.C.M-II, Kottarakkara as C.P. No.53/2010 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 seeks 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 7th day of June, 2010 V. RAMKUMAR, (JUDGE) sj