IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.MC.No. 721 of 2009() ------------------------ CRMP.445/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM ................................................ PETITIONER(S): ACCUSED: ----------------------------------------- TRAVANCORE POLYMERS, INDUSTRIAL DEVELOPMENT AREA, EDAYAR, BINNANIPURAM, ALWAYE. REP. BY ITS MASNAGING PARTNER, JERRY FARAIRA, AGED 47 YEARS, S/O.LATE LAZAR FARAIRA, THOPPIL, ST.ANTONY'S BUNGLOW, EDAMBADOM KARA, VARAPUZHA VILLAGE. BY ADV. MR.NAVEEN THOMAS RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SOUTHERN REFINERIES PRIVATE LTD. CORPORATE OFFICE, KAVADIAR, TRIVANDRUM. R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.995/09 IN CRMC.NO.721/2009 DISMISSED 19/02/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 721 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of February, 2009. O R D E R This petition is filed to set aside the dismissal order in Crl.M.P.445/09 in L.P.147/02 in S.T.12/01 of Judicial First Class Magistrate-V, Trivandrum and dispense with the personal appearance of the petitioner and grant bail and also recall the said warrant. It is interesting to see that the case is of the year 2001 and it has been transferred to the L.P. Register as early as in 2002 and now an attempt is made to appear before the Court in 2009. I do not want to elaborate further. 2. The only direction that need be given in this case is to direct the Magistrate to consider and dispose of the bail application filed by the petitioner in the event of his surrender before the Court as expeditiously as possible. The offence involved is a bailable offence and it is submitted that he is prepared to tender the amount due under the cheque. These factors may be considered while disposing of the bail CRL.M.C. 721 OF 2009 -:2:- application and the mere absence of him for a long time shall not be a guiding factor in rejecting the bail application. The CRL.M.C. is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy]