IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 1090 of 2008() ------------------------- AGAINST THE ORDER IN LP 20/2007 IN SC.591/2005 of I ADDL.ASSISTANT SESSIONS COURT, ERNAKULAM .................... PETITIONER: ACCUSED NO.5, 10, 11 & 14 ------------------------------------- 1. MANEESH, AGED 26 YEARS, S/O.MOHANAN PULIKKAMATTATHIL HOUSE, SOUTH MARADY. 2. SASI, S/O.AMBI, AGED 34 YEARS KAKKALAMPARAYIL, MARADY KARA, MARADY VILLAGE. 3. BASI, S/O.POULOSE, AGED 28 YEARS MATTAPPILLIL VEEDU, MARADY KARA MARADY VILLAGE. 4. MANOJ, S/O.GOPALAKRISHNAN AGED 36 YEARS, KAKKALAMPARAYIL, MARADY KARA MARADY VILLAGE. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: DEFACTO COMPLAINANTS --------------------------------- 1. STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE SUB INSPECTOR, MUVATTUPUZHA POLICE STATION IN CR.660/2003. 2. JAISON, AGED 44 YEARS, S/O.VARKEY PONNALL HOUSE, KAYANADU KARA, MARADY. 3. RAMESHAN, AGED 32 YEARS, S/O.RAVI NATTAPARAMBIL HOUSE, KALLOOR KARA KUMARAMANGALAM. 4. SUNIL, AGED 30 YEARS, S/O.RAJAPPAN ANAMUDICKAL HOUSE, PAYYAVU BHAGAM KALLOOR KARA, KUMARAMANGALAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1090 of 2008 * * * * * * * * * * * * * * * * * * Dated: 18-03-2008 ORDER Petitioners who are accused Nos. 5, 10,11 & 14 in Crime No. 660 of 2003 of Muvattupuzha l Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 326, 427 and 307 read with Sec. 149 I.P.C. and whose case is now pending before the I Addl. Assistant Sessions Court, Ernakulam as L.P. No. 20 of 2007 , seek a direction to the said Sessions Judge 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 Sessions Court and seek regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioners to surrender before the learned Sessions Judge 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 and after considering the explanation offered by the petitioners for their previous non- appearance . Petitioners may, in the meanwhile, plead for a discharge on the ground that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, (JUDGE) ani ani.