IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 Crl.MC.No. 283 of 2011() ---------------------------------- C.C.NO.389/06 OF JFCM COURT,KUNNAMKULAM IN CRIME NO.135/06 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT --------------------------- PETITIONER(S): ----------------------- SALIM, AGED 28 YARS, S/O/.ABDULLA AZIZ, CHATTUKULANGARA HOUSE, ALTHARA PERUMPILAVU, THRISSUR DISTRICT. BY ADVS. SRI.M.ANIL KUMAR SRI.PREETHI.K.PURUSHOTHAMAN RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, KUNNAMKULAM POLICE STATION (CRIME 135/06) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.283 of 2011 --------------------------------------- Dated this 28th day of January, 2011 ORDER Petitioner is the 5th accused in C.C.No.389 of 2006 of the court of learned Judicial First Class Magistrate,, Kunnamkulam for offences punishable under Secs.143, 147, 294(b), 427 and 448 r/w Sec.149 of the Indian Penal Code. Petitioner was enlarged on bail at the crime stage but on account of employment he had to go abroad. It is stated that learned Magistrate has taken coercive steps against petitioner. Learned counsel submitted that other accused in the case have already been acquitted. Petitioner therefore seeks a direction to the learned Magistrate to enlarge him on bail on his surrender. 2.I have learned counsel for petitioner and learned Public Prosecutor. 3. In the light of the decision in Martin Vs. State of Kerala (2004(2) KLT 1037) no such direction as prayed for could be issued since it is for the learned Magistrate to decide whether on the facts and circumstances petitioner should be enlarged on bail. But, to enable petitioner to surrender before the learned Magistrate I am inclined to keep the non bailable warrant Crl.M.C.No.283 of 2011 -: 2 :- against him in abeyance for some time. Resultantly this criminal miscellaneous case is disposed of directing that the non bailable warrant issued to the petitioner will remain in abeyance for a period of two weeks from this day or till petitioner surrenders before the learned Judicial First Class Magistrate,, Kunnamkulam whichever is earlier. It is open to the petitioner to present appropriate application for bail before the learned Magistrate. (THOMAS P JOSEPH, JUDGE) Sbna/- Crl.M.C.No.283 of 2011 -: 3 :-