IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 4355 of 2005() ------------------------- CC.874/2005 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER: ASCCUSED. --------------------- 1. BAIJU, S/O.KURIAKOSE,AGED 35 YEARS, PULIYAPARAMBIL HOUSE, MUTTUCHIRA, KADUTHURUTHY, KOTTAYAM DISTRICT. 2. MATHEW, AGED 44 YEARS, S/O.ABRAHAM, PALACHUVATTIL HOUSE, MUTTUCHIRA, KADUTHURUTHY, KOTTAYAM DISTRICT. 3. JOHN @ JOHNY, AGED 32 YEARS, S/O.KURUVILA ARAYATH HOUSE, MANJOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENTS: COMPLAINANT AND DEFACTO COMPLAINANT. ------------------------------------------------- 1. STATE OF KERALA, REP. BY S.I.OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS, AGED 46 YEARS, S/O.JOSEPH, MANIMALAPURATHU HOUSE, MANJOOR VILLAGE, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 4355 of 2005 * * * * * * * * * * * * * * * * * * Dated: 8th April 2008 ORDER Petitioners who are accused Nos. 1 to 3 in C.C. No. 874 of 2005 on the file of the J.F.C.M. , Vaikom for offences punishable under Sections 447, 448, 286 and 586 (ii) read with Sec. 34 I.P.C. seeks a direction to the said Magistrate to release the petitioners on bail on the date of their surrender itself. The case is now pending as C.C. No. 395 of 2007 on the file of the above Court after having split up and re-filed from C.C. 874 of 2005. 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, if any, against them and after considering the explanation offered by the petitioners for his previous non-appearance. Petitioners may also, in the meanwhile, plead for a discharge on the ground that the co-accused in the case were acquitted after trial as per judgment dated 13-09-2007 in C.C. 874 of 2005. V. RAMKUMAR, (JUDGE) ani ani.