IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Crl.MC.No. 546 of 2008() ------------------------ CC.296/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR CRIME NO. 34/1997 of PERINGOME POLICE STATION .................... PETITIONER: ACCUSED NO.1: ------------------------- MADAMBILLATH KASIM, S/O.IBRAHIM, BINICHERI HOUSE, THRIKKARIPUR AMSOM, DESOM, KASARAGOD. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENTS: FORMAL PARTY/COMPLAINANT: ----------------------------------------------------- STATE OF KERALA TO BE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 546 of 2008 = = = = = = = = = = = = = = Dated this the 6th day of February, 2008 ORDER Petitioner, who is the 1st accused in Crime No. 34 of 1997 of Peringome Police Station for an offence punishable under Section 20 r/w Section 27 of the Arms Act and whose case was split up and transferred to the Long Pending Register as L.P.No.58 of 2007 before the J.F.C.M-I, Payyannur, 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. V. RAMKUMAR, JUDGE. rv Crl.M.C.No. 41 of 2008 2