IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Crl.MC.No. 716 of 2009() --------------------------------- CC.1749/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONERS: ---------------------- 1. XAVIER D'CRUZ, ETHALIN HOUSE, T.C.44/613, VALIYATHURA. 2. LEANS ANTONY ETHALIN HOUSE, TC.44/613, VALIYATHURA. BY ADVOCATE MR.P.BABU KUMAR RESPONDENTS: ------------------------ 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS EAPEN CHACKO. 37/717, KADAVANTHRA, KOCHI-20. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 716 OF 2009 --------------------------------- Dated this the 24th day of February, 2009 O R D E R This petition is filed with a prayer to quash Annexure A1 final report. It can be seen from the materials available that this petitioner had not appeared before the court for the last six years and the case is pending. It is submitted that he has no information about the case, which I am not prepared to accept. If the petitioner surrenders before the court and files an application for bail, let the Magistrate consider the bail application on that day itself and pass appropriate orders. In order to enable the learned Magistrate to give notice to the prosecutor, the surrender as well as the bail application has to be moved in the early hours of the working day. M.N. KRISHNAN,JUDGE vkm