IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 844 of 2008() ------------------------ LP.17/2007 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-III), KOLLAM CRIME NO. 395/1999 of PARIPPALLY POLICE STATION. .................... PETITIONER: PETITIONER ---------------------------- AJAYAKUMAR,S/O.BALAKRISHNA PANICKER SUSHAMMA MANDIRAM, THAVANAMPOIKA, CHIRAKKARATHAZHAM, CHIRAKKARA VILLAGE. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: ----------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM CRIME NO. 295 OF 1999 OF PARIPPALLY POLICE STATION) BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 844 of 2008 = = = = = = = = = = = = = = Dated this the 26th day of February, 2008 ORDER Petitioner who is the 2nd accused in Crime No. 395 of 1999 of Parippally Police Station for an offence punishable under Section 55(a) & (b) of the Abkari Act and whose case was split up and transferred to the Long Pending Register as L.P.No.17 of 2007 before the Addl. District & Sessions Judge (Adhoc-III), Kollam, seeks a direction to the learned Sessions Judge 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 Judge and file an application for regular bail within a period of CRL. M.C. NO. 844/2008 : 2: two weeks from today. In case he does so, his bail application shall be considered and disposed of by the learned Judge, 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. The petitioner may also plead for a discharge in the mean while on the ground that the co-accused in the case has been acquitted after trial. V. RAMKUMAR, JUDGE. rv