IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 19TH OCTOBER 2006 / 27TH ASWINA 1928 Bail Appl..No. 6216 of 2006 ----------------------------- CC.426/2000 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED NO.2: ----------------------------------------- KEVIN, `KEVIN DALE' KALPAKA NAGAR, HOUSE NO.82, CHAKKAI, PETTAH VILLAGE, THIRUVANANTHAPURAM0-24. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: STATE & COMPLAINANT: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 6216/2006 ------------------ DATED THIS THE 19TH DAY OF OCTOBER, 2006 O R D E R The petitioner is before this Court to avert an arrest in C.C.No.426/2000 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, for the offence punishable under Sections 323, 325 and 379 IPC read with Section 34 IPC. Hence this application. 2. The counsel for the petitioner submits that the petitioner was away in connection with his employment and therefore, he could not appear before the Court below. 3. After hearing both sides and considering the facts that are placed before me, I direct the petitioner to surrender before the Court below on 26.10.2006 at 11.00 a.m. 4. The learned Magistrate shall hear both sides and pass appropriate orders on merit, on the same day itself. The application is disposed of as above. J.M.JAMES JUDGE mrcs