IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Crl.MC.No. 327 of 2008() ------------------------ LP.132/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- P.GOVINDARAJ, S/O. RAMAN, PANNANKADIPARAMBU, KASABA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NADAKAVU POLICE STATION, KOZHIKODE. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 327 of 2008 = = = = = = = = = = = = = = Dated this the 31st day of January, 2008 ORDER Petitioner who is the 1st accused in C.C. No. 410 of 2002 on the file of the Judicial First Class Magistrate-IV, Kozhikode for offences punishable under Sections 323, 324, 452, 506(II) IPC and whose case was split up and transferred to the Long Pending Register as L.P.No.132 of 2007 before the J.F.C.M-IV, Kozhikode, seeks a direction to the Magistrate to consider his application for regular bail on the date of his surrender itself after recalling the non bailable warrants of arrest against him. 2. 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 trial court and seeks regular bail. 3. Accordingly this Criminal Miscellaneous Case 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 he does so, his bail application shall be considered and disposed of by the learned Magistrate, on merits, preferably on the same date on which the petition is filed after considering the explanation offered by the petitioner for his previous non-appearance. V. RAMKUMAR, JUDGE. rv Crl.M.C.No. 41 of 2008 2