IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.MC.No. 2661 of 2010() ----------------------------------------- CRIME NO.138/2010 OF CHITTARIKKAL POLICE STATION PETITIONER(S): ------------------------ 1. MADHU KAMBALLOOR COLONY CHITTARIKKAL GRAMAM KASARAGOD DIST. 2. SHYLAJA, W/O. MADHU, KAMBALLOOR COLONY, CHITTARIKKAL GRAMAM, KASARAGOD DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------------------ 1. THE S.H.O.CHITTARIKKAL POLICE STATION, CHITTARIKKAL, KASARAGOD, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.2661 of 2010 = = = = = = = = = = = = = = = Dated: 14.07.2010 ORDER Petitioners, who are the accused Nos.1 and 2 in Crime No.138/2010 of Chittarikkal Police Station for offences punishable under Sections 55(a) and g of the Abkari Act and whose case is now pending before the JFCM -II, Hosdurg as C.P.No.104/2010 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 14th day of July, 2010 V. RAMKUMAR, (JUDGE) sj