IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.MC.No. 725 of 2009() ------------------------ CC.881/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED: ----------------------------------------- MUHAMMED KUNHI, HUDA MANZIL, CHATTANCHAL, KASARAGOD. BY ADVS.MR.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN. RESPONDENT(S): STATE:COMPLAINANT: --------------------------------------------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHANTHERA POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 725 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of February, 2009. O R D E R This petition is filed with a prayer to direct release of the petitioner on bail in the event of his surrender before the Judicial First Class Magistrate-I, Hosdrug in C.C.881/04 and to recall the warrant issued against the petitioner. The petition is filed u/s 498A IPC and it is averred that a non- bailable warrant is pending against him. I direct the learned Magistrate to consider the bail application on the date of filing itself in case the petitioner surrenders and moves an application for bail. I also make it clear the surrender and filing of application for bail shall be on the early hours of the working day so as to enable the Magistrate to give notice to the Public Prosecutor. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-