IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Crl.MC.No. 4848 of 2008() ------------------------- LPC.107/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... (CRIME NO.728/2005 OF KASARAGOD POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- 1. SHAREEF K.A., S/O. ABDULLA, CHOORI, NR. CHOORI BUS STOP, KUDLU VILLAGE,KASARGOD. 2. HARIS C.A., S/O. ABDULLA, NR. CHOORI MASGID, CHOORI, KUDLU VILLAGE, KASARGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARGOD POLICE STATION, REP. BY THE PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.M.C. NO.4848 OF 2008 =========================== Dated this the 15th day of December,2008 ORDER Petitioners are the accused in Crime 728/2005 of Kasaragod Police Station. The offence alleged against the petitioners is under section 143,147,148,324, 326 read with section 149 of IPC. On the failure of the petitioners to appear, Chief Judicial Magistrate, Kasaragod transferred the case to the register of long pending cases and issued non-bailable warrant against the petitioners. This petition is filed under section 482 of the Code of Criminal Procedure to direct the Chief Judicial Magistrate to consider the bail application when the petitioners appear before the Magistrate. 2. It is on the failure of the petitioners to appear, non bailable warrant was issued and later the case was transferred to the register of long pending cases. If the petitioners appear before the learned Chief Judicial Magistrate and files an CRMC 4848/2008 2 application for bail, learned Chief Judicial Magistrate has to consider the same on merit and pass orders in accordance with law without delay. Crl.M.C is disposed of. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006