IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Crl.MC.No. 3840 of 2007() ------------------------- CRIME NO.33/2004 OF KOTTIYAM POLICE STATION CC.685/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER: PETITIONER/ACCUSED ------------------------------------------------------------ VIJAYARAJU, BROTHERS NIVAS, KANNANALLOOR P.O., KOLLAM. BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENTS: COMPLAINANT & STATE ------------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3840 of 2007 = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008 ORDER Petitioner who is the accused in Cr.No.33/04 of Kottiyam Police Station for offences punishable under Sections 294(b) and 506(i) IPC seeks a direction to the J.F.C.M-II, Kollam to enlarge the petitioner on bail. 2. On account of the non appearance of the petitioner before the learned Magistrate, the case against him was split and was transferred to the Register of long pending cases and entered as L.P.No.552 of 2006. The main case was C.C.No.685 of 2004. Non bailable warrants of arrest are pending against the petitioner. This Court will not direct the enlargement of the petitioner on bail without ascertaining the circumstances under which the petitioner remained absent before the learned Magistrate. 3. Accordingly this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Magistrate and to file an application for regular bail before the learned Magistrate within a period of two weeks from Crl.M.C.No.3840 of 2007 2 today. In case he does so, his bail application shall be considered and disposed of on merits preferably on the same date on which the petition is filed and uninfluenced by the warrants, if any, pending against him. V. RAMKUMAR, JUDGE sj