IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Crl.MC.No. 352 of 2008() ------------------------ CC.178/2005 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER: ACCUSED NO.1 ------------------------ BIJI JOSEPH, AGED 27 YEARS, S/O.JOSEPH, ALUNKAL HOUSE, KOCHUZHATHUMALA, VENNIKKULAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 352 of 2008 * * * * * * * * * * * * * * * * * * Dated: 31-01-2008 ORDER The petitioner who was the first accused in Crime No. 212 of 2003 of Koipuram Police Station registered for offences punishable under Sections 452 and 323 read with Sec. 34 I.P.C. did not face trial in C.C. No. 199 of 2003 on the file of the Chief Judicial Magistrate, Pathanamthitta in which accused Nos. 2 to 4 faced trial. Eventhough, accused Nos. 2 to 4 were convicted and sentenced to undergo simple imprisonment, as per Annexure VI order dated dated 7-09-2007, this Court in Crl.R.P. No. 3190 of 2007, reduced the sentence to one of fine holding that the revision petitioners/accused did not deserve penal servitude by way of incarceration for the offences committed by them. The petitioner who is employed abroad is desirous of surrendering before the Magistrate and pleading guilty. I see no reason why the petitioner should not surrender before the Magistrate and apply for regular bail and plead guilty of the offences. Accordingly, this Crl. M.C. is disposed of permitting the petitioner to surrender before the Magistrate within three months from today and to file an application for regular bail which shall be disposed -:2:- of, preferably, on the same date on which it is filed. The petitioner shall also be given an opportunity to plead guilty in which case the learned Magistrate shall take into account the judgment dated 7-09- 2007 passed by this Court in Crl. R.P. 3189 of 2007 with regard to the co-accused in the case. Until such applications to be filed by the petitioner within three months from today are disposed of, the non- bailable warrants as well as steps under Secs. 82 and 83 Cr.P.C. pending against the petitioner shall not be enforced. V. RAMKUMAR, (JUDGE) ani.