IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Crl.MC.No. 413 of 2008() ------------------------ CC.3476/2001 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: -------------------- VENU @ VINOD S/O.NARAYANAN NAIR, KURUNGOTTU VEETTI, PALAYATTU NADA VILLAGE, VADAKARA TALUK, KOZHIKODE. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. M/S.MAHAVEER ENTERPRISES, CHITTOOR ROAD, PULLEPADY JUNCTION, COCHIN - 35. REP. BY THE PARTNER. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.413 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of January, 2008 ORDER Petitioner, who is the accused in C.C.No.3476 of 2001 on the file of the Chief Judicial Magistrate's Court, Ernakulam for offences punishable under Sections 406,408 and 420 IPC and whose case was transferred to the Long Pending Register as L.P.No.235 of 2006 before the said Magistrate seeks a direction to the Magistrate 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 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 by the learned Magistrate, on Crl.M.C.No.413 of 2007 2 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 and also the settlement arrived at between the petitioner and the de facto complainant. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge