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. 466 of 2008() ------------------------ CP.54/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM CRIME NO. 73/2004 of EXCISE RANGE, THIRUVANANTHAPURAM .................... PETITIONER/2nd ACCUSED: ----------------------------- KUNJUMON, S/O. TITUS, TC 12/862, BHRA 248, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS/COMPLAINANT: ---------------------------------- THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. K.S. SIVAKUMAR, 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. 466 of 2008 = = = = = = = = = = = = = = Dated this the 31st day of January, 2008 ORDER Petitioner who is the 2nd accused in Crime No. 73 of 2004 of Excise Range, Thiruvananthapuram for an offence punishable under Section 8(1) & (2) of Abkari Act and whose case was split up and transferred to the Long Pending Register as L.P.No.137 of 2007 before the ACJM,Thiruvananthapuram 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