IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 5303 of 2010() ----------------------------- (CRIME NO.168/2009 OF KODUVALLY POLICE STATION) PETITIONER/2ND ACCUSED. ------------------------------------------- SHAMSEER K.P., S/O.MUHAMMED, KOTTOPARAMMAL, KIZHAKKOTH AMSOM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5303 of 2010 ------------------------------------------------ Dated this the 31st day of August, 2010 ORDER The petitioner, the third accused in Crime No.168/2009 of Koduvally Police Station and who is presently the second accused in C.P.No.40/2009 on the file of the Judicial Magistrate of the First Class-I, Thamarassery for offences punishable under Sections 323, 304 & 308 read with Section 34 I.P.C., seeks his enlargement on bail on his surrender before the Judicial Magistrate of the First Class-I, Thamarassery. As in the case of the second accused in the above crime, the petitioner was also absconding in C.P.No.22/2009 resulting in the case being split up and refiled as C.P.No.40/2009. The main case is pending before the Sessions Court, Kozhikode as S.C.No.618/2009. According to the petitioner, he was unable to appear before the Magistrate due to his employment abroad. 2. This Bail Application is disposed of permitting the petitioner to surrender before the Judicial Magistrate of the First Class-I, Thamarassery and to apply for regular bail. In case he makes an application within two weeks from today he Bail Appln.No.5303/2010 : 2 : shall be released on bail on appropriate conditions. Thereafter, the learned Magistrate shall comply with Section 207 of Cr.P.C. and commit the case to the court of Sessions to be tried along with S.C.No.618 of 2009 which is the case of the co-accused. V.RAMKUMAR, JUDGE skj