IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1385 of 2009() ------------------------- AGAINST THE ORDER IN L.P 60/2004 IN CC.410/2002 of JUDL.FIRST CLASS MAGISTRATE COURT-II, PALAKKAD .................... PETITIONER/ACCUSED: --------------- M.N.NARAYANADAS, AGED 40 YEARS, S/O.P.G.NARAYANAN, PARAMBATH, JAYANTHI ROAD, MARADU P.O., COCHIN-682 304. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/COMPLAINANT: --------------- 1. S.H.O., TOWN NORTH POLICE STATION, PALAKKAD DISTRICT. 2. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THE NAME OF THE LOWER COURT STATED IN THE CAUSE TITLE OF THE FINAL ORDER DATED 28.4.2009 IN CRL.M.C.1385/09 IS CORRECTED AS “JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PALAKKAD” AS PER ORDER DATED 25.5.2009 IN CRL.M.A.2561/09 IN CRL.M.C.1385/09. SD/- ASSISTANT REGISTRAR S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1385 OF 2009 (A) ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petition is filed under Section 482 of the Cr.P.C. Petitioner is the 1st accused (A1) in Crime No.3/2002 of the Town North Police Station, Palakkad, registered for the offence punishable under Section 379 of the IPC. He has filed the above petition seeking a direction to the Judicial First Class Magistrate Court, Alathur, before whom the above crime, after completion of the investigation and filing of the final report, is pending as C.C.No.368/2007, to recall the non bailable warrant issued against him and to release him on bail on his surrender before that court. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. From the submissions made, it is seen that the petitioner had obtained bail from the court on 23.1.2002, subject to the condition to appear before the Investigating Officer once in a week. Petitioner is residing at a different place far away from the place of occurrence and CRL.M.C.1385/09 2 the court in which the above case is proceeded with, is the cause shown for his non appearance and issue of non bailable warrant against him. Having regard to the submissions made and taking note that the above case, after laying of the charge, is pending for trial atleast from 2007 onwards, most probably on account of the non appearance of the petitioner, despite summons issued by the court, I find the relief prayed for in the petition cannot be entertained. Petitioner has to seek bail appearing before the Magistrate and he cannot adopt the shortcut method of approaching this Court for direction to release him on bail in the facts presented in the case. Learned Magistrate is directed to dispose the bail application, if any, moved by the petitioner on his appearance, as expeditiously as possible. Criminal M.C. is disposed of. S.S.SATHEESACHANDRAN JUDGE The words “Judicial First Class Magistrate Court, Alathur” occurring in the 1st paragraph of the final order dated CRL.M.C.1385/09 3 28/04/2009 in Crl.M.C.No.1385/2009 are corrected as “Judicial First Class Magistrate Court-II, Palakkad” as per order dated 25/05/2009 in Crl.M.A.No.2561/2009 in Crl.M.C.No.1385/2009. sd/- Registrar (Judicial) prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009