IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 2040 of 2011() -------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2463/2011 Dated 29/03/2011 CMP.NO.2957/2011 IN CP.NO. 38/2011 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA ------------------ PETITIONER(S): ------------------------ BABU @ SATHYANATHAN, AGED 39, S/O.RAMAKURUP, AYDATHIL HOUSE, KARTHIKAPPALLY AMSOM, KURUNHALIYOD DESOM, VADAKARA TALUK. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2040/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A: COPY OF THE ORDER IN BILL APPLICATION NO.2463/2011 DATED 29/3/2011. ANNEX B: COPY OF THE ORDER IN C.M.P.NO.1630/2011 IN C.P.NO.38/2011 DATED 8/4/2011. ANNEX C: COPY OF THE PASSPORT OF THE PETITIONER. ANNEX D: COPY OF THE ORDER IN C.M.P.NO.2957/2011 IN C.P.NO.38/2011 ON 26/5/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2040 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the fourth accused in Crime No.710/94 of Vadakara Police Station registered for the offences punishable under Sections 143, 148, 324 and 307 read with Section 149 of Indian Penal Code. The case is now pending as C.P.38 of 2011 on the file of the Judicial First Class Magistrate Court, Vadakara. Petitioner in this Criminal Miscellaneous Petition prays for a direction to set aside the Annexure-D order and direct the court below to release the passport surrendered by him on the basis of annexure B order. 3. I am not inclined to interfere with the impugned order. However, if the petitioner surrenders on or before 8th of August, 2011 and applies for bail in the aforementioned case, Magistrate shall release him on bail on such terms and conditions he deems fit. Learned Magistrate shall expedite the hearing of the case and pass appropriate orders within two months from the date of receipt of a copy of this order and the trial be completed within six months thereafter. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes