IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 56 of 2008() ----------------------- CC.1078/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM CC.1837/2001 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER/4TH ACCUSED: ------------------------------- JIJI AGED 28 YEARS, S/O. THOMAS, RINI HOUSE, UDAYA MARTHANDAPURAM CHERRY, MUNDAKKAL, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS/COMPLAINANT: ----------------------------------- STATE OF KERALA REPRESENTED BY THE 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 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 56 of 2008 ========================== Dated this the 4th day of January, 2008. ORDER The petitioner, who is the 4th accused in C.C. No. 1837/2001 on the file of the Judicial First Class Magistrate-I, Kollam for offences punishable under Sections 143, 147, 148, 323 and 324 r/w Section 149 IPC, and who was absconding and whose case was refiled as C.C. No. 1078/2005, seeks a direction to the Magistrate to release him on bail on the date of his surrender before the court. According to the petitioner, he was in North India in connection with his employment and that is the reason why Non Bailable Warrant of arrest happened to be issued against him. He has a further case that the co-accused in the case have been acquitted after trial in C.C. No. 1837/2001. This Crl.M.C. is disposed of permitting the petitioner to surrender before the Magistrate and to file an application for bail within two weeks from today. In case the petitioner complies with the above condition, the Magistrate shall consider and dispose of the bail application preferably on the same day on which it is filed after considering the explanation offered by the petitioner for his previous non-appearance and also after considering his contention that the co-accused in the case was acquitted after trial. V. RAMKUMAR, JUDGE. rv