IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 1117 of 2008() ----------------------------- CRIME NO. 309/2005 of MUKKAM POLICE STATION .......................... PETITIONER: 6TH ACCUSED: -------------------------------- C.M. MOHAMMED IQUABAL, S/O. ABDULLA, M.P. HOUSE, PACHATTIRI P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A RESPONDENTS: COMPLAINANT: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1117 of 2008 ========================== Dated this the 18th day of March, 2008. O R D E R The petitioner, who is the 6th accused in Crime No. 309 of 2005 of Mukkam Police Station registered for offences punishable under Sections 324, 294(b), 308 and 120(b) r/w Section 34 IPC and whose case is now pending before the Judicial First Class Magistrate-II, Thamarassery as C.P. No. 57 of 2007, seeks to quash Annexure A2 final report in the above case. 2. Admittedly non bailable warrants of arrest are pending against the petitioner. 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 learned Magistrate and seeks regular bail. 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 the petitioner complies with CRL.M.C. NO. 1117/2008 : 2: the said condition, he shall be released on bail on appropriate conditions. It shall be open to the petitioner who claims to be a legal practitioner to move the Magistrate for personal exemption during the trial and pre-trial stage. If the case does not involve any dispute regarding the identity of the petitioner and if the petitioner files an undertaking before the trial court that he shall not raise any dispute regarding his identity, the trial court shall favourably consider his application for exemption from personal appearance and shall insist on his personal appearance only if it is inevitable at any stage of the trial. It goes without saying that the petitioner will be entitled to plead for a discharge during the preliminary hearing under Section 227 Cr.P.C when the case comes up before the Court of Session after committal. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 1117/2008 : 3: