IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Crl.MC.No. 4523 of 2011() ------------------------- CP.20/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S)/ACCUSED NO.1: --------------- HARI @ HARIKUMAR, S/O. RAMAN NAIR, VIRITHARA HOUSE, THANNEERMUKKAM, CHERTHALAI BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S)/COMPLAINANT: --------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI. P.M. SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HARILAL, J ------------------------------------------------- Crl.M.C No.4523 of 2011 -------------------------------------------------- Dated this the 27th day of December, 2011 O R D E R The petitioner is the first accused in Crime No.414/2006 of Cherthala Police Station. The offences alleged against the petitioner is punishable under Section 143, 147, 149, 323, 324 and 306 IPC. The petitioner had obtained bail at the crime stage and thereafter went abroad on getting a job. According to the petitioner since the employer did not permit the petitioner to go on leave, the petitioner could not come back in time to face the trial. Consequently, non-bailable warrant was issued against the petitioner and it is pending as Long Pending Case. 2. The petitioner apprehends that in the event of his surrender the court below would remand him to judicial custody as he was not available for trial along with other accused. 3. The learned counsel for the petitioner submits that he is ready to surrender before the Court below within two weeks. Considering the facts and circumstances of the case, for the interest of justice, the Judicial First Class Magistrate Court, Cherthala is directed to consider the application for bail in view Crl.M.C No.4523 of 2011 2 of the decision in Alice George V. Deputy Superintendent of Police (2003(1) KLT 339) on the date of filing itself, in case the petitioner surrenders before the Court within the above said time; and files an application for bail in accordance with law. K.HARILAL JUDGE ab