IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Crl.MC.No. 4114 of 2006() ------------------------- CC.58/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: ------------ IQBAL, S/O. MOOSAKUTTY, AGED 39 YEARS KIZHAKKE KULAMBIL VEEDU, ADIPARANDA, KOYARADY, CHITTUR TALUK, PALAKKAD DISTRICT BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 4114 of 2006 * * * * * * * * * * * * * * * * * * Dated, this the 26th day of December 2006 ORDER Petitioner who is the 4th accused in C.C. No. 58/2003 pending before the J..F.C.M., Althur for offences punishable under Sections 143, 147 and 353 read with Sec. 149 I.P.C., seeks a direction to dispose of his application for regular bail upon surrendering before the Magistrate. In as much as trial of the case is not started, the cancellation of the bail of the petitioner on 24-11-2006 due to his absence on that day does not appear to be justified, particularly, when all the offences are bailable offences. This Crl.M.C. is disposed of directing the release of the petitioner on bail upon the petitioner filing an application for regular bail after surrendering before the Magistrate within 10 days from today on appropriate conditions including one which ensures his presence before court on all the dates of posting of the case. The warrant, if any, pending against the petitioner shall stand recalled on such application for regular bail. V. RAMKUMAR, (JUDGE) ani.