IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 26TH OCTOBER 2006 / 4TH KARTHIKA 1928 Bail Appl..No. 6354 of 2006() ----------------------------- CRIME NO.2676/2000 OF CITY TRAFFIC POLICE STATION, ERNAKULAM LP.207/2004 of ADDL.C.J.M., ERNAKULAM .................... PETITIONER --------------------------- SURESH, AGED 29, S/O.POULOSE, THETTULLIL HOUSE, MULANTHURUTHY, NORTHERN SIDE OF KARAVATTEKURISU, MULANHURUTHY VILLAGE. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, CITY TRAFFIC POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - B.A. No. 6354 of 2006 - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of October, 2006 O R D E R The petitioner is the first accused in Crime No.2676/2000 of City Traffic Police Station, Ernakulam, for the offence punishable under Sections 279 and 304A of the Indian Penal Code. While the matter was pending before the court below, the first accused absconded. Therefore, the case was split up and the matter is now pending as L.P.No.207/2004 on the file of Additional Chief Judicial Magistrate, Ernakulam. The petitioner is before this Court for a pre-arrest order. 2. I heard both sides. It is brought out that on the advise given by the counsel, as the proceedings for the offence punishable under Sections 279 and 304A of the Indian Penal Code was pending, only as summons trial, the accused left the place, when he got a lucrative employment abroad. The petitioner is now in this State. Counsel submits that the petitioner is prepared to surrender before the court below and face the B.A.No.6354/2006 2 trial. 3. After hearing both sides, I direct the petitioner to surrender before the court below on 01/11/2006, at 11 a.m. 4. The learned Magistrate shall allow the petitioner to be on bail, on imposing such conditions, and proceed with the matter, according to the law. (J.M.JAMES) Judge ms