IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.MC.No. 4289 of 2008() ------------------------- C.C.NO.440/03 OF J.M.F.C-V, KOZHIKODE PETITIONER(S): ACCUSED NO.3 --------------------------- ABDUL GAFOOR, S/O.ABDULAKUTTY, AGED 36 YEARS, VENGATTU MANZIL, FEROKE, KOZHIKODE. NOW RESIDING AT MOOPPA COMPOUND, BADRAWATHY, SHANMUGHA DISTRICT, KARNATAKA. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE -------------------- 1. THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4289 of 2008 ------------------------------------- Dated this the 11th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 427 I.P.C. All offences alleged are bailable offences. The co-accused have already been tried, found not guilty and acquitted. The petitioner came to this Court for quashing of proceedings. By Annexure-A3 order that prayer was rejected. But a direction was issued that the petitioner can surrender before the Magistrate and seek regular bail. The learned Magistrate was directed to grant bail to the petitioner on his surrender on such conditions as may be fixed. That order was passed on 26.07.07. No time limit has been fixed for surrender. The petitioner has not been able to surrender so far. He is employed outside the State. He now wants to surrender. According to him he is entitled to the benefit or advantage of Annexure-A3 as no specific time limit has been fixed by the court. But the petitioner apprehends that the learned Magistrate may not grant him bail and it is in these circumstances prayed that directions under Section 482 Cr.P.C Crl.M.C. No.4289 of 2008 2 may be issued to the Magistrate to comply with the conditions in Annexure-A3 and grant bail to the petitioner. No time limit having been fixed in Annexure-A3 order, the petitioner is certainly entitled to take advantage of that order. When the petitioner surrenders before the learned Magistrate, the learned Magistrate shall comply with Annexure-A3 order. No further, special or specific directions appear to be necessary. Appropriate conditions can of course be fixed by the learned Magistrate. It is further directed that the petitioner must surrender before the learned Magistrate on or before 29.11.08 to claim the advantage of the order dt.26.07.07 in Crl.M.C No.4508 of 2003. 2. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 3. Hand over a copy of this order to the learned counsel for the petitioner. Communicate the order to the lower court. (R.BASANT, JUDGE) rtr/-