IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 561 of 2008() ------------------------ CC.434/2006 of JUDL. MAGISTRATE OF FIRST CLASS I, KOTTAYAM .................... PETITIONER: ------------ RAJAN VARGHESE, S/O.VARGHESE PANAKKAMATTATHIL HOUSE, NATTAKAM P.O. PAKKIL, KOTTAYAM. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-02-2008 THE COURT ON 13/02/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 561 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-02-2008 ORDER Petitioner who is the accused in C.C. No. 434 of 2006 on the file of J.F.C.M. I, Kottayam for offences punishable under Sections 420 and 468 I.P.C. seeks to quash the proceedings before the Magistrate. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. Even though the petitioner was present before the Court below during the initial stages of the trial, on 19-09-2006 when C.Ws 1 to 5 were summoned for examination, petitioner remained absent and his application for excusing his absence was dismissed on the ground that his identification is necessary. 2. Hence, the proper course for the petitioner would be to surrender before the Magistrate and file an application for regular bail and participate for the rest of the trial. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, he shall be released on bail on appropriate conditions including one that he shall pay the batta for CWs 1 to 5 for one day. Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.