IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 500 of 2008() ------------------------ CP.189/2007 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER: ACCUSED 2 AND 3 ------------------------------------ 1. ISMAIL RAWTHER, AGED 78 YEARS S/O.MEERA SAHIB, KAITHAKATTIL, CHATHUPPIL PATHANAPURAM VILLAGE, KOLLAM DISTRICT. 2. AISHA BEEVI, AGED 68 YEARS W/O.ISMAIL RAWTHER, KAITHAKATTIL CHATHUPPIL, PATHANAPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 500 of 2008 ========================== Dated this the 5th day of February, 2008. O R D E R The petitioners, who are husband and wife aged 78 years and 68 years respectively, are the accused in C.P. No. 189/2007 on the file of the Judicial First Class Magistrate-III, Punalur for offences punishable under Sections 341, 323, 324, 294 (b) r/w Section 34 IPC and Section 3(i)(x)(xiv) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. They seek a direction to the Magistrate to consider and dispose of their bail application on the date of their surrender. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioners. The reason for issuing the warrants are not discernible to this Court. Hence, the proper course for the petitioners would be to surrender before the Magistrate and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate and file an application for bail within two weeks from today the same shall be considered and disposed of and, in the absence of other compelling reasons, they may be released on bail on appropriate conditions. Until then, the warrants, if any, pending against them shall not be executed. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv