IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.MC.No. 396 of 2008() ------------------------ LPC 41/93 IN CP.7/1998 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER: ACCUSED NO.7 -------------------------------- SINDHULAL.M.P., AGED 40 YEARS, S/O.PADMANABHAN, KRISHAN NIVAS, P.O.PATHAYAKUNNU, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: COMPLAINANT ----------------------------------- 1. SURESH BABU.T., AGED 44 YEARS, S/O.MANNAN, PUTHUSSERY HOUSE, PATTIYAM AMSOM DESOM, P.O.PATHAYAKUNNU, THALASSERY TALUK, KANNUR DISTRICT. 2. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.SANTHOSHKUMAR SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 396 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of February, 2008 ORDER Petitioner who is the accused in Crime No.154 of 1995 of Panoor Police Station for offences punishable under Sections 341, 327, 307 r/w Section 34 IPC and whose case was split up and transferred to the Long Pending Register as L.P.C No.41 of 1998 before the Additional Chief Judicial Magistrate, Thalassery, seeks a direction to the Magistrate to consider his application for regular bail on the date of his surrender itself after recalling the non bailable warrants of arrest against him. 2. The circumstances under which those non bailable warrants of arrest came 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. 3. Accordingly this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two months from today. In case he does so, his 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 his previous non- appearance. The petitioner may also seek a discharge within the aforesaid period on the ground that the co-accused in the case have been acquitted after trail. V. RAMKUMAR, JUDGE. rv