IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.MC.No. 768 of 2008() ------------------------ SC.800/2004 of ADDL. SESSIONS COURT-II, MAVELIKKARA .................... PETITIONER: 5TH ACCUSED ----------------------- RAJESH, THANDUKUNNEL HOUSE, PATHIYOOR MURI, PATHIYOOR VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/02/2008, THE COURT ON 22/02/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 768 of 2008 * * * * * * * * * * * * * * * * * * Dated: 22-02-2008 ORDER Petitioner who is the 5th accused in S.C. No. 800 of 2004 on the file of the Addl. Sessions Court-II, Mavelikkara for offences punishable under Sections 143, 144, 147, 148, 149 , 324, 326, 307 and 302 read with Sec. 147 I.P.C. and Section 27 of the Arms Act, 1959 seeks a direction to the trial Judge to enlarge the petitioner on bail and to permit him to participate in the trial of the case. 2. It was for his non-appearance on 28-01-2008 (on which date C.W.1 was cross-examined as P.W.1) that the learned Sessions Judge cancelled the bail and issued warrant against him and notice to his sureties. According to the petitioner he was present before Court on all the days except on 28-1-2008 when he had to remain absent due to certain personal problems and he does not want to cross- examine P.W.1 who has already been examined. The petitioner is willing to participate in the trial without any fail. In view of the preparedness exhibited by the petitioner, he may surrender before the trial court tomorrow to which date the case stands posted . He shall be released on bail with fresh sureties in case he appears before the -:2:- court tomorrow. It shall be open to the trial Judge to consider whether the earlier sureties of the petitioner are to be proceeded against or not. V. RAMKUMAR, (JUDGE) ani. Handover copy to the petitioner Registry shall inform the Addl. Sessions Court-II, Mavelikkara over phone that the 5th accused has been directed to be released on bail and permitted to participate in trial in S.C. 800 of 2004 on the file of that Court.