IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Crl.MC.No. 657 of 2008() ---------------------------- CRIME NO. 81/1994 of KARIMANNOOR POLICE STATION L.P.NO. 31/2005 of J.F.C.M, THODUPUZHA PETITIONER: ------------ PHILIP @ JOSHI, S/O.VARGHESE, ODATTIL (H), ERAVINALLOOR P.O., PUTHUPPALLY, KOTTAYAM PRESENTLY RESIDING AT VIA, LUCILO 36, PIN 00136, ROMA, ITALY. BY ADV. SRI.V.K.SUNIL RESPONDENTS: STATE & DEFACTO COMPLAINANT: --------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 657 of 2008 = = = = = = = = = = = = = = Dated this the 15th day of February, 2008 ORDER Petitioner who is the 3rd accused in Crime No. 81 of 1994 of Karimannoor Police Station for offences punishable under Sections 379, 414, 489 r/w Section 34 IPC and whose case was split up and transferred to the Long Pending Register as L.P.No. 31 of 2005 before the J.F.C.M, Thodupuzha 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.70 of 2007 2