IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 873 of 2011() ------------------------------------ (F.I.R.NO.1289 OF 2010 OF THODUPUZHA POLICE STATION) ...... PETITIONER(S): ACCUSED NO.1: ------------------------------------------------- JOSEPH, S/O.LATE JOSEPH, MANAYANI HOUSE, THODUPUZHA EAST P.O., IDUKKI DISTRICT. BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA, IDUKKI DISTRICT - 685 001. 2. THE VIGILANCE AND ANTI CORRUPTION BUREAU, TRIVANDRUM - 695 001,REPRESENTED BY ITS AUTHORISED OFFICER. 3. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 TO R3 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.873 of 2011 ==================================== Dated this the 18th day of March, 2011 O R D E R Petitioner is the first accused in Crime No.1289 of 2010 of Thodupuzha Police Station for offences punishable under Sections 406 and 423 of the Indian Penal Code. Allegation is that petitioner and other accused conspired together and transferred a property mortgaged to the State for dues under the Abkari Shops Disposal Rules. It is alleged that petitioners and other accused owed more than Rupees Seventeen lakhs by bidding the auction, produced solvency certificates and suppressing that liability, petitioner availed a loan from the Federal Bank on 16.03.1993 on the security of the same property and to avoid attachment by the State property was sold to near relatives. At the time of hearing learned counsel requested that petitioner may be permitted to raise appropriate defence before the learned Magistrate. Learned counsel submitted that petitioner will appear before the learned Magistrate and move application for bail and that a direction may be issued to the learned Magistrate to consider the application for bail on the date of surrender itself. In the light of the decision in CRL.M.C. No.873 of 2011 -: 2 :- Martin v. State of Kerala (2004 [2] KLT 1037) it is not possible to give any such direction. But if any application for bail is preferred learned Magistrate has to dispose of the same as expeditiously as possible. Resultantly, this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioners to raise proper plea/defence before the learned Magistrate. Learned Magistrate is directed to dispose of the application for bail if filed by petitioner as expeditiously as possible. THOMAS P. JOSEPH, JUDGE. vsv