IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Crl.MC.No. 3825 of 2011() ------------------------- CC.449/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): 3RD ACCUSED: --------------------------- LAFI LATHEEF @ LAFI, AGED 28 YEARS, KOORAYIL HOUSE, ERAVUKAD WARD THIRUVAMBADI P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S):COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURTT OF KERALA, ERNAKULAM. BY P.P.MR.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3825 of 2011 ---------------------------------------------------- Dated this the 10th day of November, 2011 Order The petitioner is the third accused in Crime No.75 of 2006 of Thrithala Police Station. The offences alleged against the petitioner and other accused are under Sections 452, 323 and 324 read with 34 IPC. It is not stated as to what happened the case against the three other accused in that crime. This petitioner did not appear before the court as he was reported to be absconding. Non Bailable Warrant was issued against him. Proceedings were also issued under Sections 82 and 83 Cr.P.C. That means, for the last about five years, he was absconding. This petition is filed stating that when the accused surrenders before the learned Magistrate, there may be a direction to enlarge the petitioner on bail. This is not a petition under Section 438 of the Cr.P.C. 2. The learned counsel for the petitioner submits that the petitioner will surrender before the learned Magistrate within one week from today. The learned counsel submits that as the Crl.M.C.3825/11 2 accused was abroad, he could not appear before the court earlier. It is not known whether he was available in the native place. It can only be seen from his passport. Whatever that be, if the petitioner surrenders before court within one week from today, the learned Magistrate will dispose of his bail application as expeditiously as possible, in accordance with law. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3825/11 3