IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 60 of 2008() ----------------------- LP.71/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: -------------- MUHAMMED AMEEN U.A., S/O. ABDUL RAHIMAN, AGED 33, ULLADATH HOUSE, MUBARAK MANZIL, NORTH EDATHALA P.O., ALUVA. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: ----------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DY. S.P. OF POLICE IV, C.B.C.I.D, SIG II, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 60 of 2008 ========================== Dated this the 4th day of January, 2008. ORDER The petitioner, who is the 3rd accused in crime No. 68/2004 of Aluva Police Station for offences punishable under Sections 489 B and 489 C r/w Section 34 of IPC, seeks a direction to the Judicial First Class Magistrate-I, Aluva to dispose of the bail application of the petitioner on the date of his surrender before that court. 2. Consequent on the non-appearance of the petitioner before the committal court in C.P. No. 33/2005, the case against him was split up and transferred to the long pending register as LP 71/2007. Non Bailable Warrants of arrest are pending against him. It is at that stage that the petitioner has moved this Court for the above direction expressing his preparedness to surrender and face trial since the co- accused in the case are facing trial in S.C. No. 550/2006 before the First Additional Sessions Court, Ernakulam where the case is listed for trial from 05.02.2008 onwards. According to the petitioner, since he was in Saudi Arabia in connection with his employment, Non Bailable Warrants of arrest came to be issued against him. 3. This M.C. is disposed of with the following directions:- CRL. M.C. NO. 60/2008 : 2 : (i) The petitioner shall surrender before the JFCM-I, Aluva and file an application for regular bail within two weeks from today. (ii) In case the petitioner complies with the above above direction, the learned Magistrate shall consider and dispose of his application preferably on the same day on which it is filed taking note of his preparedness to stand trial. (I place on record the statement made by the petitioner's learned counsel that since the petitioner has obtained all the relevant prosecution records, Section 207 Cr.P.C need not be complied with.) (iii) After the disposal of the petitioner's bail application the learned Magistrate shall on the same day commit the case to the Court of Session and shall convey the committal order to the Sessions Court by special messenger. (iv). The Sessions Court on receipt of the committal order shall forthwith assign a sessions case number and make over the case to the First Additional Sessions Court for trial along with S.C. No. 550/2006 V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 60/2008 : 3 :