IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 912 of 2011() ---------------------------------- C.C.NO.1156/2004 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM .................... PETITIONER(S): ACCUSED --------------------------------------- P.F.FRANCIS, AGED 68 YEARS,S/O.FRANCIS, PORIYATH HOUSE, JUNIOR JANATHA ROAD, VYTTILA, KOCHI-19. BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM) RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTELD BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.912 of 2011 ==================================== Dated this the 22nd day of March, 2011 O R D E R Petitioner is accused in C.C. No.1156 of 2004 of the court of learned additional Chief Judicial Magistrate, Ernakulam for offences punishable under Sections 420, 406 and 468 of the Indian Penal Code. Petitioner states that he has not received any summons from the said court but has been issued non-bailable warrant. Petitioner states that he is ready to surrender before the learned Additional Chief Judicial Magistrate and seek bail but he is apprehensive of a remand. He has requested for a direction to the learned Additional Chief Judicial Magistrate to release him on bail on the day he surrenders and files application for bail. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction as prayed for could be issued. It is for the learned Additional Chief Judicial Magistrate to consider the application and pass appropriate orders having regard to the facts of the case. CRL.M.C. No.912 of 2011 -: 2 :- 3. But to enable the petitioner surrender before the learned Additional Chief Judicial Magistrate I direct that the non- bailable warrant issued to the petitioner will stand in abeyance for a period of two weeks from the day notified for delivery of a copy of this order or till petitioner surrenders before the learned Additional Chief Judicial Magistrate whichever is earlier. Resultantly Criminal Miscellaneous Case is disposed of directing that the non-bailable warrant issued to the petitioner will stand in abeyance for a period of two weeks from the day notified for delivery of a copy of this order or till petitioner appears before the learned Additional Chief Judicial Magistrate whichever is earlier. If petitioner files any application for bail learned Additional Chief Judicial Magistrate shall consider the same and pass appropriate orders as early as possible having regard to the fact and circumstances of the case. THOMAS P. JOSEPH, JUDGE. vsv