IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.MC.No. 719 of 2009() ------------------------------------- (CRIME NO.326/2005 OF THIRUVALLA POLICE STATION) PETITIONER(S): ACCUSED NO.2: -------------------------------------------------- NAJEEB,S/O.JAMALUDHEEN,AGED 48 YEARS, VELLYAPARAMBIL VEEDU, NEAR VIZHIJAM MUSLIM CHURCH, VIZHIJAM VILLAGE,NYATTUKARA TALUK. BY ADV.MR.AJITH MURALI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 719 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of February, 2009. O R D E R This petition is filed for consideration of the bail application on the date of surrender itself. A non-bailable warrant is pending against the petitioner. He is an accused in C.C.552/05 filed u/s 401 r/w S.34 IPC. It is averred that the absence was not on account of deliberate intention. If the petitioner surrenders before the Court and applies for bail I direct the learned Judicial First Class Magistrate, Thiruvalla to consider the same on the very same day and pass an order in accordance with law. In order to enable the Magistrate to give notice to the prosecutor I direct the petitioner to surrender and file the bail application in the early hours of the working day. The CRL.M.C. is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy]