IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3373 of 2010() ------------------------- CP.52/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... (CRIME NO.40/2009 OF KASARAGOD POLICE STATION) PETITIONER(S): ACCUSED 1 & 5: ------------------------------------------------- 1. SOMASEKHARA NAIK,AGED 30 YEARS, S/O.JANARDHANA NAIK, SHENI, MYRE VILLAGE,KASARAGOD, 2. SOORYANARAYANA NAIK, S/O.GOVINDA NAIK, AGED 42 YEARS, SHENI, MYRE VILLAGE, KASARGOD BY ADV. SRI.JIJI.S. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE S.H.O.BADIADUKKA POLICE STATION, KASARGOD, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = == = = = == Crl.M.C. No.3373 of 2010 = = == = = = = = == = = == = Dated: 16.08.2010 ORDER Petitioners, who are accused Nos.1 and 5 in Crime No.40/2009 of Badiadukka Police Station for offences punishable under Sections 143,147,148,341,323,324,326,307 and 506(ii) read with 149 IPC and whose case is now pending before the J.F.C.M, Kasaragod as C.P. No.52/2010 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 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 against them. Dated this the 16th day of August, 2010 V. RAMKUMAR, (JUDGE) sj