IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Crl.MC.No. 1209 of 2009() ------------------------- CC.162/2006 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): PETITIONER/ACCUSED --------------------------------- CHANDI BEHANNAN,S/O.V.C.BEHANNAN, VALIYANCHALIKKAL HOUSE,THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.M.SREEKUMAR SRI.K.P.JAYACHANDRAN RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1209 OF 2009 --------------------------------- Dated this the 1st day of April, 2009 O R D E R This petition is filed with a prayer to direct the Chief Judicial Magistrate, Thiruvananthapuram to release the petitioner on bail in the event of his surrender and not to execute non-bailable warrant. A perusal of the proceedings paper would reveal that on 9.2.2009 as the accused remain absent and as the case was under trial, the learned Chief Judicial Magistrate cancelled the bail. It can be seen that the accused had been present before the court almost all occasions and after getting exemption he had been represented through a counsel. So one cannot classify it as a deliberate absence. So in the event the petitioner surrenders before the court and moves an application for bail, I direct the learned Chief Judicial Magistrate to consider the bail application on the date of surrender itself and pass orders in accordance with law. In order to enable the Magistrate to do so, let the surrender as well as the filing of the bail application shall be done in the early hours of the working day. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm