IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 50 of 2008() ----------------------- C.P.NO.136/2006 ON THE FILE OF THE J.F.C.M- III PUNALUR PETITIONER: ACCUSED NO.1 ------------------------------------------- UTHAMAN, S/O.KRISHNAN, PUTHENKALEEYCKAL HOUSE, KADASSERRY, PIRAVANTHOOR. BY ADV. SRI.SIBY MATHEW RESPONDENTS: ----------------------- 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 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.50 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of January, 2008 ORDER Petitioner, who was the 1st accused in C.R.No.25 of 2004 of Pathanapuram Excise Range for an offence punishable under Section 55(g) of the Kerala Abkari Act and whose case is pending before the J.F.C.M-III, Punalur as C.P.No.136/2006 seeks a direction to the said Magistrate to consider his bail application on the date of his surrender before that Court. 2. Admittedly, consequent to the non appearance of the petitioner before the learned Magistrate, non bailable warrants of arrest are pending against the petitioner. Hence he has to surrender before that court and seek 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 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 sj Crl.M.C.No. 41 of 2008 2