IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3401 of 2010() ------------------------- CP.234/2009 of JUDL.MAGISTRATE OF FIRST CLASS, CHENGANNUR .................... PETITIONER: ACCUSED -A5 -------------------------- MURALEEDHARAN.T.M,S/O.DAMODARAN PILLAI, AGED 39 YEARS,NIKHIL NIVAS, KUTTAMPERUR, MANNAR VILLAGE,ALAPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. MAYA,D/O.SARASAMMA,AGED 26 YEARS, MAYA VILASAM,SETHATHODU MURI,CHITTAR VILLAGE, RANNY TALUK,PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK ADV. SRI.P.V.DILEEP FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3401 of 2010 ---------------------------------------- Dated this the 18th day of August, 2010 ORDER The petitioner, who is the first accused in Crime No.292/2004 of Mannar Police Station for offences punishable under Sections 344, 376 & 420 read with Section 34 I.P.C. and whose case is pending as C.P. No.232/2009 on the file of the Judicial Magistrate of the First Class, Chengannur, seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 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 Judicial Magistrate of the First Class, Chengannur and seeks regular bail. Crl.M.C.No.3401/2010 : 2 : 3. Accordingly, this Crl.M.C. 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 the above condition, he shall be released on bail on appropriate conditions. 4. At the time of appearance of the petitioner the Magistrate shall comply with Section 207 Cr.P.C. and thereafter shall not insist on the personal appearance of the petitioner for the purpose of committal. The petitioner will be entitled to plead for a discharge in absentia through his counsel before the court of Sessions at the stage of preliminary hearing under Section 227 Cr.P.C. At this stage the petitioner may highlight the fact that the matter has since been settled between him and the de facto complainant. V.RAMKUMAR, JUDGE skj