IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Crl.MC.No. 115 of 2008() ------------------------ ST.1745/2005 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... PETITIONER: ACCUSED: -------------------------------------- ANSARI, PULICKACHALIL HOUSE, PUNCHAVAYAL P.O., KANJIRAPPALLY. BY ADV. SRI.M.J.THOMAS RESPONDENTS: COMPLAINANT AND STATE: ------------------------------------------------------------------------- 1. SREE GOKULAM CHIT AND FINANCE LTD., REPRESENTED BY ITS BRANCH MANAGER, PRAKKAD BUILDING 1ST FLOOR, CENTRAL JUNCTION, KOTTAYAM 1 REPRESENTED BY ITS POWER OF ATTORNEY S.VIJAYAKUMAR PLAKAKD BUILDING, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.114 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of January, 2008 ORDER The petitioner, who is the accused in S.T.No.1745 of 2005 on the file of J.F.C.M-II(Mobile), Kottayam, challenges the order dated 12.12.07 canceling his bail bond and issuing non bailable warrants of arrest. The case stood posted to 12.12.07 for cross examination of the complainant after lunch. But the case of the petitioner is that his counsel was engaged elsewhere and was unable to cross-examine the complainant and that was why the accused remained absent and that he was always been present before the court whenever the case was posted. 2. In view of the above circumstance highlighted by the petitioner, the only course which is warranted is to direct the petitioner to surrender before the learned Magistrate on 14.1.08 with a preparedness to cross-examine the complainant and get along with the case. Accordingly, this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail. In case the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed not withstanding the pendency of non bailable warrants, if any, against him. V. RAMKUMAR, JUDGE sj