IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 246 of 2008() ------------------------ CRIME NO.12/1998 OF DHARMADOM POLICE STATION PETITIONER: ACCUSED: ------------------------------------ SHIJIL PADMANABHAN, S/O.PADMANABHAN, AGED 27 YEARS, SREE PADMAM, THALAYI, THALASSERY. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE: ---------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, DHARMADOM POLICE STATION 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Crl.M.C.No. 246 of 2008 ================================ Dated this the 18th day of January, 2008 ORDER Petitioner, who is the 2nd accused in Crime No. 36 of 2003 of Dharmadom Police Station for offences punishable under Sections 143, 147, 341, 324 r/w Section 149 IPC and whose case was split up and transferred to the Long Pending Register as L.P.No.36of 2003 before the J.F.C.M, Thalassery 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 after taking into consideration the fact that the co-accused in the case have been acquitted after trial. V. RAMKUMAR, JUDGE rv