IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Crl.MC.No. 331 of 2010() ---------------------------------- CC. NO.619/2008 OF THE JUDICIAL FIRST CLASS MAGISTRRATE COURT, IRINJALAKUDA. ....... PETITIONER(S): ACCUSED NO.2: ---------------------------- NASAR, AGED 46, S/O.UMMER, KANNANCHAKKASSERIL HOUSE, PATTANAM P.O., VADAKKEKKARA, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. MR.N.AJITH RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION. BY PUBLIC PROSECUTOR MR.P.A.SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J. --------------------------- Crl.M.C No. 331 OF 2010 -------------------------------- Dated this the 1st day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking direction to the Judicial First Class Magistrate Court , irinjalakkuda to consider an application for regular bail that the petitioner may file on their surrender before the said court. 2. Petitioner is the second accused in Crime No.189/2009 of Irinjalakkuda Police Station which was taken on file as C.C No.619/2008 on the file of Judicial First Class Magistrate Court, Irinjalakkuda. 3. The allegation against the accused is that they in furtherance of their common intention trespassed into the residence of the defacto complainant and caused hurt to the defacto complainant. The offences alleged against the accused were under Sections 143, 147, 452, 323 and 365 r/w Section 34 of the Indian penal Code. Petitioner says that he is totally innocent. He was enlarged on bail during crime stage. Then he was unemployed. On getting a job, he had gone abroad. The counsel for the petitioner also assured him that he would intimated the Crl.M.C No. 331 OF 2010 Page numbers petitioner when the case is listed for trial. But due to some unavoidable circumstances the petitioner was not able to attend the trial. Accused 1 and 3 were acquitted by the court below. The case against the petitioner was split up and included in L.P register. Non-bailable warrant of arrest was issued against the petitioner. Now he is willing to surrender before the court below. There is no wilful latches in his part in his nonapeparance before the court below at the time of trial. He could not appear before the court due to reasons beyond his control. 4. It would appear that there is no wilful latches on the part of the petitioner for his nonappearance before the court below at the time of trial. Whatever that be, in case the petitioner surrenders before the court below on or before 10/02/2010 and files an application for bail, after giving notice to the learned Public Prosecutor, the court below shall consider the application for bail on the same day itself and pass orders in accordance with law. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv