IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Crl.MC.No. 3199 of 2011() ------------------------- CC.497/2011 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... PETITIONERS/ACCUSED ---------------------- 1. SIDDIQUE, S/O.MOIDU, KOLOROTH HOUSE, EDAVARAD P.O., ERAVATTOOR. 2. K.T.ABDUL RASAK, S/O.SOOPPY, KANNANKANDITHARAMMAL HOUSE, PERAMBRA. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. PUBLIC PROSECUTOR, SRI.SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------- Crl.M.C.No.3199 OF 2011 ------------------------------------ Dated this the 16th day of September, 2011 O R D E R ~~~~~~~ Petitioners are accused 12 and 14 in C.C.No.91/2007 on the file of the Judicial Magistrate of First Class-II, Permabra. They were being prosecuted along with 15 others for offence under Section 27(i)(e)(iii) and (iv), Section 27(i)(d) and Section 84 of the Kerala Forest Act. Since they were absconding, the case against them was split up and refiled as C.C.No.497/2011 in which the petitioners were arrayed as accused 1 and 2. Apprehending that in the event the petitioners appear before the trial court and apply for bail they would be remanded to custody without disposing their bail application, they have come up with this petition under Section 482 of the Code of Criminal Procedure seeking a direction to the trial court to dispose of their bail application for bail on merits on the date of filing. 2. There is no case for the petitioners that they would not get a fair disposal before the trial court. In the above circumstance, I find no merit in this petition as it is Crl.M.C.No.3199/2011 2 misconceived. However, the learned Magistrate is directed to dispose the petition for bail on merits as far as possible on the date of filing provided, it was filed with due notice to the Prosecutor. Petition is disposed of as above. (P.S.GOPINATHAN, JUDGE) ps/16/9