IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 3750 of 2007() ------------------------- SC.833/2006 of ADDL. SESSIONS COURT (ADHOC), THALASSERY CRIME NO. 113 OF 1997 OF PAYANGADI POLICE STATION .................... PETITIONER: ACCUSED ------------------- SATHEESAN, S/O.DAMODARAN, AGED 31, EZHOME AMSOM, KOTTILA, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.D.GANESH KUMAR SMT.K.I.KAVITHA RESPONDENTS: STATE -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3750 of 2007 = = = = = = = = = = = = = = Dated this the 23rd day of January, 2008 ORDER Petitioner who is the 7th accused in Crime No. 113 of 1997 of Payangadi Police Station for offences punishable under Sections 143, 147, 148, 324, 326 r/w Section 149 IPC and whose case was split up and transferred to the Long Pending Register as L.P.No.3of 2007 before the Addl. Sessions Court (Adhoc-I), 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 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.70 of 2007 2