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. 4522 of 2011() ------------------------- CC.18/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S)/ACCUSED NO.1: --------------- VIJAY VASUDEV, AGED 37, S/O. K. VASUDEVAN, PAIVELLILPADITTEHIL HOUSE, EAST SIDE OF CHENKILATHU SCHOOL, MANNAR, CHENGANNUR TALUK, ALAPPUZHA BY ADV. SRI.MVS.NAMBOOTHIRY SRI.R.VINU RAJ RESPONDENT(S)/COMPLAINANT: --------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT. HYMA 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.4522 of 2011 -------------------------------------------------- Dated this the 27th day of December, 2011 O R D E R The petitioner is the first accused in Crime No.140/2003 of the Palluruthy Police Station, pending as C.C.No.1903/2004 on the file of the Judicial First Class Magistrate Court II, Kochi. The crime was registered for the offence punishable under Section 304 A of IPC on the allegation that he was rash and negligent in his duties as a Resident Engineer of the Company, who has undertaken works from the Kerala Water Authority while undergoing excavation works for laying of water pipe lines along the public road. According to the petitioner he was regularly present before the Court during the course of trial upto 313 stage. Subsequently he was not in the State and could not appear before the trial court and steps under Section 82 and 83 of the Code of Criminal Procedure have been initiated against him. 2. Now the apprehension of the petitioner is that he will be remanded to the judicial custody as a punishment for non- appearance if he appears before the court for facing the trial. Crl.M.C No.4522 of 2011 2 The learned counsel for the petitioner submits that the non- appearance of the petitioner before the trial court was not due to any wilful laches on his part and he is ready to surrender before the Court on 18.1.2012. In the above circumstances, for the interest of justice, the Judicial First Class Magistrate Court II, Kochi is directed to dispose of the application for bail in view of the decision in Alice George V. Deputy Superintendent of Police (2003(1) KLT 339) on the date of surrender itself, in case the petitioner surrenders before the Court on 18.1.2012 and files an application before the Court in accordance with law. K.HARILAL JUDGE ab