IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Crl.MC.No. 191 of 2011() ----------------------------- CC.163/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): IST ACCUSED ----------------------------------- BABU @ POOZHI BABU, S/O.KRISHNAN, MONGADI HOUSE, EDASSERY POST, CHAVAKKAD TALUK, THALIKULAM VILLAGE. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. 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 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.191 of 2011 --------------------------------------- Dated this 21st day of January, 2011 ORDER Petitioner is first accused in C.C.No.163 of 2010 of learned Judicial First Class Magistrate, Kodungallur for offences punishable under Secs.341, 324 and 427 r/w 34 of the Penal Code. He was granted bail and was appearing in the said court. While so, on 29.07.2010 he could not appear, allegedly for the reason of advanced pregnancy of his wife. For the said reason he could not appear on the subsequent posting dates as well. In the meantime on account of non appearance of petitioner learned Magistrate cancelled his bail and issued non bailable warrant to the him. Now the case is posted on 03.02.2011. Petitioner seeks a direction to the learned Magistrate to release him on bail when he appears before that court on the date directed by this court. 2. In the light of the decision Martin v. State of Kerala (2004 (2) KLT 1037) no such direction as prayed for could be issued. But, I am inclined to grant some relief to the petitioner until he appears in the court below on 03.02.2011. It is directed that the warrant of arrest issued to the petitioner will stand in abeyance till 03.02.2011. Petitioner can appear before the learned Judicial Crl.M.C.No.191 of 2011 -: 2 :- First Class Magistrate, Kodunagallur on that day and seek regular bail and if any such application is filed, learned Magistrate shall dispose of the application as early as possible having regard to the facts and circumstances under which petitioner states, he could not appear before the learned Magistrate. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-