IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1799 of 2010() ------------------------- CRIME NO.557/2006 OF IRINJALAKUDA POLICE STATION SC.361/2007 of ADDL. SESSIONS COURT (ADHOC), THRISSUR .................... PETITIONER(S): 6TH ACCUSED --------------------------------------------------- NOUFAL,S/O.ABDULRAHIMAN,PUTHUSSERY HOUSE, PERINGOTTUKARA, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT ------------------------------------------------------ 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = Crl.M.C. No.1799 of 2010 = = = = = = = = = = = = = = = = Dated:26.05.2010 ORDER Petitioner who is the 6th accused in Crime No. 557 of 2006 of Irinjalakuda Police Station for an offence punishable under Section 399 IPC and whose case is now pending before the Addl. Sessions Judge (Ad hoc) Fast Track -I, Thrissur as L.P.R No.61 of 2008 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 J.F.C.M. and seeks regular bail. 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, his bail application shall be considered and disposed of on merits Crl.M.C.No.1799/2010 2 preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance and also after considering the fact that the co-accused in the case have been acquitted after trial. Since the petitioner allegedly absconded at the stage of cross- examination under Section 313 Cr.P.C in S.C.No.361 of 2007( in which the co-accused were acquitted after trial), he shall be permitted to participate for the rest of the trial by registering a new case against him and treating the evidence already recorded in S.C.No.361/2007 as evidence in the new case in case the petitioner files an affidavit to that effect. Dated this the 26th day of May, 2010 V. RAMKUMAR, (JUDGE) sj