IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 238 of 2008() ---------------------------- C.C. NO. 874/2002 of JUDICIAL FIRST CLASS MAGISTRATE-III, THIRUVANANTHAPURAM PETITIONER: ACCUSED 1 TO 4: 1. RAJESH KUMAR.K.P., S/O.P.K.KRISHNAN NAMBIAR, NAMBIAR HOUSE, NEAR THAVAROOR L.P.SCHOOL, CHENGALAYI VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. S.K.ABDUL KHADER, S/O.KHASIM, MUNDAKOTH HOUSE, VELLACHAL DESOM, MADAYI AMSOM, KANNUR TALUK, KANNUR DISTRICT. 3. BAIJU, S/O.VIJAYAN, THUSHARA HOUSE, CHELORA, VALIYANNUR AMSOM, KANNUR TALUK, KANNUR DISTRICT. 4. SAJEER, S/O.PURUSHOTHAMAN, K.P.V/199, KANNACHI HOUSE, KANNAPURAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT, KERALA. BY ADV. SRI.RAJESH NAMBIAR RESPONDENTS: STATE: STATE OF KERALA, REPRESENTED BY S.H.O. CANTONMENT POLICE STATION, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. K.C. SANTHOSH KUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 238 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of January, 2008 ORDER Petitioners, who are accused Nos.1 to 4 in C.C. No. 874 of 2002 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram for offences punishable under Sections 120 (B), 420 r/w Section 34 IPC, 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 learned Magistrate and seek regular bail. Accordingly, this Criminal Miscellaneous Case 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 non bailable warrants, if any, against them. V. RAMKUMAR, JUDGE rv