1. These applications filed under Sections 439 and 482 of the Code of Criminal Procedure seek release of the petitioners from custody in view of the fact that the petitioners have been tendered pardon by the courts concerned in spite of the bar under Section 306(4)(b) of Cr.P.C. contending that the prohibition contained in the said provision cannot override the inherent powers under Section 482 of Cr.P.C. and also that if it is to be held that bar under Section 306(4)(b) of Cr.P.C. is absolute, then it is constitutionally invalid and has to be struck down.

2. First on to the facts of each of these cases. In B.A. No. 7783 of 2012 the petitioner was arrayed as the 11th accused in Crime No. 565 of 2011 of Koipuram Police Station and he is alleged to have committed offences along with the other accused punishable under Sections 120B, 115, 143, 147, 148, 447, 302 and 308 read with Section 149 of the Indian Penal Code. According to the petitioner, as on the date of the commission of the incident he was aged only 18 years his date of birth being 9.11.1993. He was studying in the third semester at Amritha Vidhyalayam Engineering College, Vallikkavu, Kollam. The petitioner had only