IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1974 of 2010() ------------------------- LP.412/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM CRIME NO.58/2004 OF KOLLAM WEST POLICE STATION PETITIONER(S): -------------------------- 1. MENDEZ BERNARD, S/O.SYRIL MENDEZ, DALANDALE, THANKASSERY WARD, PUNNATHALA CHERI, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. 2. SCOT MENDEZ, S/O.SYRIL MENDEZ, MENTAZ VILLA,MANAYIL KULANGARA CHERI, NEAR MEDAYIL JUNCTION,KOLLAM WEST VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SEBASTIAN, S/O.ANTONOY, AGED 38 YEARS, GRACY DALE, KAIKKULANGARA NORTH WARD, KOLLAM WEST VILLAGE,KOLLAM TALUK, KOLLAM DISTIRCT. ADV. SRI.K.V.ANIL KUMAR FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = == = = = == Crl.M.C. No.1974 of 2010 = = == = = = = = == = = == = Dated: 07.06.2010 ORDER Petitioners, who are accused Nos.1 and 2 and in Crime No.58/2004 of Kollam West Police Station for offences punishable under Sections294(b), 341 and 323 read with 34 IPC and whose case is now pending before the J.F.C.M-II, Kollam as L.P. No.412/2006 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 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 7th day of June, 2010 V. RAMKUMAR, (JUDGE) sj