IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1422 of 2009() ------------------------- CP.151/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): 2ND & 3RD ACCUSED -------------------------------------------------------------- 1. SANEESH, S/O.MADHAVAN, KOLAKATTIL VEEDU, CHAIPANKUZHI DESOM, VIA-CHALAKUDY, THRISSUR DISTRICT. 2. DAVIS, S/O.ANTHONY, ELINICKAL HOUSE, CHEMBANKUNNU DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = == = = = == Crl.M.C. No. 1422 of 2009 = = == = = = = = == = = == = Dated: 30.04.2009 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No. 197 of 2008 of Vellikulangara Police Station for offences punishable, inter alia under Sections 55(a) and 8(1) and (2) of the Abkari Act and whose case is now pending before the J.F.C.M, Chalakudy as C.P. No.151 of 2008 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, Chalakudy 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, if any, against them. Dated this the 30th day of April, 2009 V. RAMKUMAR, (JUDGE) sj