IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 31ST AUGUST 2009 / 9TH BHADRA 1931 Crl.MC.No. 2924 of 2009() ------------------------- CC.78/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHENGANNUR .................... PETITIONER: ACCUSED --------------- REJI, S/O.GEORGE, AGED 28 YEARS, MANNATTUMALAYIL VEEDU, PULIYUR MURI, PULIYUR VILLAGE, CHENGANNOOR, ALLEPPEY DISTRICT. BY ADV. SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT : COMPLAINANT: --------------------------- THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJATH ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J ------------------------------------ Crl.M.C No.2924 of 2009 ------------------------------------- Dated this the 31st day of August, 2009 O R D E R This is a petition under Section 482 Cr.P.C by the 2nd accused in C.C.No.433 of 2005 of Judicial Magistrate of the First Class-II, Chengannur. The case against him was split up and is now numbered as C.C.No.78 of 2007. 2. The allegations against the petitioner is that he along with accused 1 and 3 wrongfully restrained the defacto complainant who was riding a motor cycle on March 29, 2004 at about 7.30 p.m and voluntarily caused hurt to him by beating with a stick and stabbing with a knife and thereby committed the offences punishable under Sections 341, 324 r/w 34 I.P.C. The case against accused 1 and 3 ended in acquittal as seen from the copy of the judgment of the lower court produced as Annexure- A1. As the petitioner was employed abroad, the case against him was split up. Now a non bailable warrant is pending against him. He apprehends that if he surrenders before the trial court, he may be remanded. The petitioner wanted to go abroad also. The petitioner prays that the learned Magistrate may be directed to Crl.M.C No.2924 of 2009 2 consider his bail application on the date of this surrender itself and to direct the Magistrate to release him on bail. 3. Notice given to the learned Public Prosecutor. He has no objection. 4. In the result, this Crl.M.C is allowed in part. The petitioner shall surrender before the trial court on or before 14.09.09. On such surrender, the trial court shall consider his bail application on the date of surrender itself and pass appropriate orders. Meanwhile the trial court is directed to keep the non bailable warrant issued against him pending. (P.Q.BARKATH ALI, JUDGE) rtr/-