IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.MC.No. 746 of 2009() ------------------------ (CC 264/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE) PETITIONER(S)/ACCUSED: --------------- T. ASOKAN, THACHAMBALATH, REENA NIVAS, PANTHEERANKAVU P.O., KOZHIKODE - 673 019 BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/COMPLAINANT STATE: --------------- 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 746 OF 2009 --------------------------------- Dated this the 20th day of February, 2009 O R D E R This application is filed with a prayer to direct the Judicial First Class Magistrate-V, Kozhikode to permit the petitioner to offer fresh bail bond with two sureties in accordance with the same terms and conditions of the original bond and to execute a fresh bail bond, in the interest of justice. 2. I have perused the records. On earlier occasion also the petitioner had approached this court and this court directed him to surrender and apply for bail. The learned counsel would submit that he was granted bail and released on bail. But thereafter also he did not appear before the court which forced the court to order non bailable warrant. I do not find any illegality in the order passed by the trial court. But if the petitioner is able to satisfy the court that it was not a deliberate act, still the court can consider his prayer for bail sympathetically. Therefore I permit the petitioner herein to surrender before the court and move an application for bail and further I direct the Crl.M.C. 746/2009 -2- court to consider the bail application on that day itself and pass appropriate orders. In order to enable the court to give notice etc. the surrender as well as the application for bail shall be moved in the early hours of the working day for a proper disposal. M.N. KRISHNAN, JUDGE vkm