IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 1128 of 2008() ------------------------- LPR.24/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY CRIME NO. 174/2005 of CHALAKUDY POLICE STATION .................... PETITIONER: ACCUSED ------------------- SEBY.C., S/O.ANTONY, ARIKATTIL HOUSE, POTA MOSCO NAGAR, KIZHAKKE CHALAKUDY, THRISSUR (DT). BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1128 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 ORDER Petitioner who is the accused in Crime No. 174 of 2005 of Chalakudy Police Station for an offence punishable under Section 493 IPC and whose case was split up and transferred to the Long Pending Register as L.P.No.24 of 2006 before the J.F.C.M, Chalakudy, 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 weeks 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. V. RAMKUMAR, JUDGE. rv Crl.M.C.No. 2