IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Crl.MC.No. 1313 of 2008() ------------------------- CC.681/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... 1. BHUPATRAI GANDHI AGED 51 YEARS DIRECTOR, M/S. PARK ORGANICS LIMITED, S/O. MANMAGANLAL, H. GANDHI, 1001, GREAT EASTERN HEIGHTS, MARVE ROAD, MALAD (WEST) MUMBAI - 400064 2. PRAFULLA .B. GANDHI, AGED 47 YEARS, DIRECTOR, M/S. PARK ORGANICS LIMITED, W/O. BHUPATRAI GANDHI, 1001, GREAT EASTERN HEIGHTS, MARVE ROAD, MALAD (WEST) MUMBAI - 400064 3. ALPHA B. GANDHI, AGED 24 YEARS DIRECTOR, M/S. PARK ORGANICS LIMITED, D/O. BHUPATRAI GANDHI, 1001, GREAT EASTERN HEIGHTS, MARVE ROAD, MALAD (WEST) MUMBAI - 400064 BY ADV. SMT.A.SALINI LAL RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. RADESHYAM GOGRAJ KEJRIWAL, PROPRIETOR, M/S. PRATIK ENTERPRISES, RESIDING AT A/51, SHANTHI APARTMENTS, CHARKOP VILLAGE, KANDIVIL (WEST)MUBAI 400067 REPRESENTED BY POWER OF ATTORNEY V.K. MATHEW, S/O. KURUVILA, MANAGER, M/S. KARTHIK ENTERPRISES, IV/109 B, PUTHIYAKAVU, MATHILAKOM POST, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-03-2008 , THE COURT ON 26/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1313 of 2008 * * * * * * * * * * * * * * * * * * Dated: 26-03-2008 ORDER Petitioners who are accused numbers 2 to 4 in C.C. No. 681 of 2005 on the file of the J.F.C.M., Kodungallur for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 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. 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 applications 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 their previous non- appearance. V. RAMKUMAR, (JUDGE) ani ani.