IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Crl.MC.No. 362 of 2010() ------------------------------------ L.P.R.NO.1/05 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTOOR .... (CRIME NO.262/99 OF KOLLENGODE POLICE STATION) PETITIONER(S): ACCUSED NO.4: -------------------------------------------------- SUDHA @ SUDHIR, AGED 22 YEARS, S/O.SREEDHARAN, POOVATHINGAL HOUSE, PULIPPARAKUNNU, KODAKARA, THRISSUR. BY ADVS. MR.C.HARIKUMAR, SMT.MOLLY KOSHY. RESPONDENT(S): & STATE: ------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.362 OF 2010 -------------------------------- Dated this the 3rd day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have the bail application filed by the petitioner considered on the day of his surrender itself. 2. Petitioner is the 4th accused in Crime No.262/1999 of the Kollengode Police Station. After investigation the final report was filed and cognizance of the offence was taken by the court concerned. Offences were punishable under Section 395 of IPC. The case was taken on file as C.P No.29/2003. Since the petitioner did not respond to the summons issued by the court, the case was moved into the L.P register as L.P.R No.1/2005 in C.P No.29/2003 and warrant was issued. 3. Petitioner would point out that he did not get any summons from the court and he was not aware of the proceedings pending before the court. He came to know about the pendency of the case only when police came to arrest him. Petitioner is ready to appear before the court below and face trial. Prayer is to direct the learned Magistrate to consider his application for bail on the same day. Crl.M.C No.362 OF 2010 Page numbers 4. In the result the court concerned is directed to consider the application for bail to be filed by the petitioner on his surrender before the court below after giving notice to the learned Public Prosecutor, on the same day itself and pass orders in accordance with law. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv