IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.MC.No. 2676 of 2010() ------------------------- (CRIME NO.245/2006 OF KAZHAKOOTAM POLICE STATION) PETITIONER: ACCUSED ---------------------- PRADEEP KUMAR, S/O.GANESAN, PREETHA BHAVAN, ANANDESWARAM, CHEMPAZHANTHI WARD, ULIYAZHTHURA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MADHURI, D/O.SEETHALAKSHMI, 'VAISAKH', ANANDESWARAM, CHEMPAZHANTHI WARD, ULIYAZHTHURA VILLAGE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.KAMMAPPU ADV. SRI.S.K.VINOD FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2676 of 2010 ---------------------------------- Dated this the 16th day of July, 2010 ORDER Petitioner who is the accused in Crime No.245 of 2006 of Kazhakootam Police Station for offences punishable under Sections 323, 294(b), 506(1), 354 & 451 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class-III, Thiruvananthapuram as L.P.No.80 of 2009, seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. 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 J.F.C.M.-III, Thiruvananthapuram and seeks regular bail. Crl.M.C.No.2676/2010 : 2 : 3. The petitioner may, therefore, surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants against him. 4. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to hold that the prosecution of the petitioner is groundless and the same is liable to be quashed. The appropriate remedy of the petitioner is to plead for a discharge before the Court below. 5. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below Crl.M.C.No.2676/2010 : 3 : through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above rights of the petitioner. Petitioner may also highlight the fact that the matter has been settled between the de facto complainant and the petitioner. Dated this the 16th day of July, 2010. V.RAMKUMAR, JUDGE skj