IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.MC.No. 486 of 2010() ---------------------------------- LP.195/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-V, KOZHIKODE. CRIME NO.374/2002 OF CITY TRAFFIC POLICE STATION, KOZHIKODE. .................... PETITIONER/ACCUSED: --------------------------------- HARI N., AGED 32 YEARS, NECHIKKATTU HOUSE, KODAKKAD POST, TIRURANGADI TALUK, ARIYALLOOR AMSOM, KODAKKAD DESOM, MALAPPURAM DISTRICT. BY ADV. MR.K.D.BABU, MR.K.N.PADMAKUMAR. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J. --------------------------------- Crl.M.C.No.486 OF 2010 ---------------------------------- Dated this the 11th day of February, 2010 O R D E R ~~~~~~~ This is a petition filed under Section 482 of the Code of Criminal Procedure seeking a direction to the Judicial First Class Magistrate Court-V, Kozhikode to consider the bail application of the petitioner on the date of surrender itself before the learned Magistrate. 2. The petitioner is accused in C.P.No.195/05 on the file of the Judicial First Class Magistrate Court-V, Kozhikode for having committed the offences punishable under Sections 279, 337 and 304A read with Section 34 of the Indian Penal Code. The incident is said to have taken place on 8.3.2002. After investigation, the final report was laid and cognizance was taken as C.C.No.385/2002. Due to several reasons the petitioner say that he was unable to attend the court thereafter. He would say that there was no willful laches or default in not appearing before the Court. Whatever that be, he now prays that he is willing to Crl.M.C.No.486/2010 2 appear before the court and only prays that the court may be directed to consider his bail application on the very same day itself. 3. The prayer seems to be quiet reasonable. There shall be a direction to the Judicial First Class Magistrate Court-V, Kozhikode to consider the bail application of the petitioner to be filed by the petitioner, after serving a copy of the same to the concerned Public Prosecutor, in accordance with law, on the very same day itself as far as possible. The Criminal Miscellaneous Case is disposed of as above. (P.BHAVADASAN, JUDGE) ps