IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.MC.No. 41 of 2008() ----------------------- SC.1078/2004 of ASSISTANT SESSIONS COURT, KOLLAM .................... PETITIONER: ------------ BINUMON, AGED 30 YEARS, S/O.SREENIVASAN, BINU BHAVAN, KOLICHIRA, AZHOOR PO THIRUVANANTHAPURAM BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-01-2008 THE COURT ON 03/01/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.41 of 2008 = = = = = = = = = = = = = = Dated this the 3rd day of January, 2008 ORDER Petitioner who is the 2nd accused in S.C.No.1078 of 2004 on the file of Principal Assistant Sessions Court, Kollam for offences punishable under Section 308 read with 34 IPC seeks a direction to the said court to release the petitioner on bail on the date of his appearance itself. 2. Consequent to the non appearance of the petitioner before the trial court, his bail bond was cancelled and non bailable warrants of arrest are pending against him. According to the petitioner, he had gone abroad because of the stringent financial conditions in his family and that is the reason why he was unable to appear before the trial court. 3. The circumstances under which non bailable warrants happened to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the trial court and seeks regular bail. 4. Accordingly this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the Crl.M.C.No. 41 of 2008 2 Principal Assistant Sessions Judge, Kollam and file an application for regular bail before the learned Judge within a period of two weeks from today. In case he does so, his bail application shall be considered and disposed of on merits preferably on the same date on which the petition is filed after considering the explanation offered by the petitioner for his previous non- appearance and such other relevant circumstances. V. RAMKUMAR, JUDGE sj