IQBAL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 4th accused in C.C. No. 58/2003 pending before the J..F.C.M., Althur for offences punishable under Sections 143, 147 and 353 read with Sec. 149 I.P.C., seeks a direction to dispose of his application for regular bail upon surrendering before the Magistrate. In as much as trial of the case is not started, the cancellation of the bail of the petitioner on 24-11-2006 due to his absence on that day does not appear to be justified, particularly, when all the offences are bailable offences. This Crl.M.C. is disposed of directing the release of the petitioner on bail upon the petitioner filing an application for regular bail after surrendering before the Magistrate within 10 days from today on appropriate conditions including one which ensures his presence before court on all the dates of posting of the case. The warrant, if any, pending against the petitioner shall stand recalled on such application for regular bail.