IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Crl.MC.No. 664 of 2008() ------------------------ CP.21/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER/ACCUSED: -------------------------- BINOJ,S/O.SADHASIVAN PILLAI,GEETHA BHAVAN,MALEKKATTU HOUSE,KIZHAKUMBHAGAM, MENAMKULAM VILLAGE,KAZHAKKOOTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.MANOJ P.KUNJACHAN RESPONDENTS/COMPLAINANT: ----------------------------------- SUB INSPECTOR OF POLICE, CONTONMENT POLICE STATION,TRIVANDRUM 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 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 664 of 2008 = = = = = = = = = = = = = = Dated this the 15th day of February, 2008 ORDER Petitioner who is the 4th accused in Crime No. 183 of 2003 of Cantonment Police Station, Thiruvananthapuram for offences punishable under Sections 143, 147, 148, 149, 294(b) and 307 IPC and whose case was split up and transferred to the Long Pending Register as C.P.No.21 of 2007 before the J.F.C.M-III, Thiruvananthapuram, 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