IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2370 of 2010() ------------------------- CRIME NO.266 OF 2009 OF NILESWARAM POLICE STATION .................... PETITIONER(S): --------------- 1. MUSAMIL K.P.,AGED 22 YEARS, S/O.YUSAF, UCHOOLIKUTHIR, P.O.KOTTAPURAM, NILESHWAR (VIA),KASARGODE DISTRICT. 2. YUSAF P., AGED 23 YEARS, S/O.MAHAMOOD, MAKHAM ROAD, P.O.KOTTAPURAM, NILESHWAR (VIA), KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .......................................... Crl.M.C. No. 2370 of 2010 ........................................... Dated: 9th day of July, 2010 ORDER Petitioners who are the accused in Crime No. 266 of 2009 of Nileshwaram Police Station, Kasaragod District for offences punishable under Sections 143, 147, 148, 324, 452 and 308 read with Sec. 149 I.P.C. and whose case is now pending before the J.F.C.M.II, Hosdurg as C.P. No. 80 of 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 seek regular bail. Crl.M.C. No. 2370 of 2010 2 3. 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. Petitioners may also bring the alleged settlement between them and the injured to the notice of the Magistrate. Dated this the 9th day of July, 2010. V. RAMKUMAR, (JUDGE) dmb