IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 1859 of 2008() ----------------------------- CP.43/2005 of J.M.F.C.,KUNNAMKULAM .................... PETITIONER/ 8TH ACCUSED ---------------------------------------- REFEEK, S/O.SAINUDHEEN, PUZHAMKANDATH HOUSE, PERUMPADAPPU DESOM, ERAMANGALAM VILAGE, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1859 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2008 O R D E R After detailed discussions at the Bar, the learned counsel for the petitioner only prays that the petitioner may be permitted to withdraw this petition and surrender before the learned Magistrate in the pending committal proceedings, where allegations are raised under Section 302 I.P.C. also. The petitioner's case is that the allegations do not reveal any offence under Section 302 I.P.C. against him. The learned Prosecutor is only seeking time to explain how the allegation can be said to be justified. 2. The learned counsel for the petitioner, in these circumstances, submits that to avoid further protraction of the proceedings in the C.P. the petitioner may be permitted to withdraw this petition without any fetter on his right to surrender before the learned Magistrate and seek regular bail. I am satisfied that the said request can be accepted. B.A.No. 1859 of 2008 2 3. This petition is dismissed making it clear that the dismissal of this petition will not in any way fetter the right of the petitioner to surrender before the learned Magistrate and seek regular bail. Needless to say the petitioner's application for regular bail must be considered by the learned Magistrate on merits, in accordance with law and expeditiously, as already held in the decision in Alice George v. Dy.S.P. (2003 (1) KLT 339). (R. BASANT) Judge tm