IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Crl.MC.No. 1384 of 2008() ------------------------- LPC.2/1999 of ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER: ------------ K.IBRAHIM,AGED 32 YEARS,S/O.KHADER T KAPPADATHUMPOYIL HOUSE,KARAPERAVOOR P.O, MATTANNUR (VIA)KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: ------------- STATE - 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 31.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1384 of 2008 = = = = = = = = = = = = = = Dated this the 31st day of March, 2008 ORDER Petitioner who is the 8th accused in Crime No. 32 of 1993 of Mattannur Police Station for offences punishable under Sections 143, 147, 448, 436, 427 r/w Section 149 IPC and whose case was split up and transferred to the Long Pending Register as L.P.No.2 of 1999 before the Sessions Court, Thalassery, seeks a direction to the Sessions Judge 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 Judge and file an application for regular bail within a period of two weeks from today. In case he does so, his bail application shall Crl.M.C.No. 1384 of 2002 2 be considered and disposed of by the learned Judge, 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 request for an expeditious trial of the case on the ground that the co-accused in the case have been acquitted after trial as per judgment dated 29.08.1997 in S.C.No. 38 of 1994. In case the petitioner files an undertaking before the Sessions Court that he will not raise any question of identity, that court shall permit him to be represented though his counsel and shall not insist on his personal appearance during trial. V. RAMKUMAR, JUDGE. rv