IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Crl.MC.No. 318 of 2008() ------------------------ CRIME NO. 259/1996 of TANOOR POLICE STATION CC.944/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER: ACCUSED NO.3: ------------------------- SAIDUMARMAN, S/O. MUHAMMAD HASSAN, TADATHIL HOUSE, PARIYAPURAM, PANGATOOR. BY ADV. SRI.DILIP MOHAN RESPONDENTS: STATE/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER, TANOOR POLICE STATION, MALAPPURAM DISTRICT. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 318 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of January, 2008 ORDER Petitioner, who is the 3rd accused in Crime No. 259 of 1996 of Tanoor Police Station for offences punishable under Sections 323, 324 r/w Section 34 IPC and whose case was split up and transferred to the Long Pending Register as L.P.No.80 of 2006 before the J.F.C.M, Parappanangadi, 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 and also on the ground that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, JUDGE rv