IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1698 of 2010() ---------------------------------- CP.89/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD. CR. NO.3/09 OF KASARAGOD EXCISE RANGE. .................... PETITIONER(S): ACCUSED ---------------------- 1. PURUSHOTHAMAN, AGE 39 S/O.APPU VAIDYAR, THALIPADUPPEE, KASABA VILLAGE, KASARAGOD. 2. RAJAN @ RAJENDRAN, AGE 39 S/O.APPU VAIDYAR, R/AT DWARAKA NAGAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT: --------------------------- THE SUB INSPECTOR OF POLICE, KASARAGOD EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR M.R.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No. 1698 of 2010 = = = = = = = = = = = = = = = Dated: 18th day of May 2010 ORDER Petitioners who are the accused in Crime No. 3/09 of Kasaragod Excise Range for offences punishable under Sections 8(1) and 8(2) of the Abkari Act and whose case is now pending before the J.F.C.M., Kasaragod as C.P. No. 89/10 seek a direction to the said Magistrate to release the petitioners on bail on the date of his 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 Crl.M.C. No. 1698 of 2010 2 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, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 18th day of May, 2010 V. RAMKUMAR, (JUDGE) dmb