IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.MC.No. 747 of 2008() ---------------------------- CRIME NO. 1/1997 of CHANGARAMKULAM POLICE STATION L.P.NO. 93/2001 of J.F.C.M., PONNANI PETITIONER/ACCUSED NOS. 1 AND 2: ------------------------------------------ 1. M.V. RASHEED, S/O. ABDULLA KUTTY, MOOTHEDATH VALAPPIL HOUSE, ALAMCODE, PANTHAVOOR PONNANI TALUK, MALAPPURAM DISTRICT. 2. KUNHIPPA, S/O. YAHU, KAYIPARAVALAPPIL HOUSE, ALAMCODE, PANTHAVOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE: ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION – THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 747 of 2008 = = = = = = = = = = = = = = Dated this the 19th day of February, 2008 ORDER Petitioners who are accused Nos. 1 and 2 in Crime No. 1 of 1997 of Changaramkulam Police Station for offences punishable under Sections 143, 147, 148, 452, 307, 324 and 427 r/w Section 149 IPC and whose case was split up and transferred to the Long Pending Register as L.P.No.93 of 2001 before the J.F.C.M, Ponnani seeks a direction to the Magistrate to consider their application for regular bail on the date of their surrender itself after recalling the non bailable warrants of arrest against them. 2. 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 petitioner surrenders before the trial court and seek regular bail. 3. Accordingly this Criminal Miscellaneous Case 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 they does so, their bail application shall be considered and disposed of by the learned Magistrate, on merits, preferably on the same date on which the petition is filed after considering the explanation offered by the petitioner for their previous non-appearance. V. RAMKUMAR, JUDGE. Crl.M.C.No. 41 of 2008 2 rv