IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 CRL.MC.NO. 1386 OF 2009() ------------------------------------------ CC.594/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S) - ACCUSED: -------------------------------------- SUNILKUMAR, S/O.VELAYUDHAN, AGED 29 YRS, PALLIKKARA AMSOM, KANJAYUR P.O., MUKKUTHALA, MALAPPURAM DISTRICT, PIN-679574. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S) - COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL.M.C. No.1386 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of April, 2009 O R D E R -------------- Heard learned counsel for petitioner and learned Public Prosecutor who took notice for the respondent. 2. Petitioner as per the averments in the petition is accused No.4 in C.C. No.594 of 2007 on the file of the Judicial First Class Magistrate Court, Kunnamkulam arising from Crime No.45 of 2004 of Vadakkekad Police Station involving offences punishable under Sections 120B, 406, 419, 420 and 427 read with 34 IPC. Petitioner states that he is not involved in the alleged incident and that he had no intimation about the case either from the police or the court concerned. He is ready to surrender before the learned Magistrate and seeks a direction to the learned Magistrate to consider the bail application. Learned Public Prosecutor states that petitioner has been absconding since 2004 onwards. 3. I am not going into the merits of the contentions raised in the petition. But at the same time, no direction as prayed for by the petitioner in the petition can be granted. If any application for bail is preferred Magistrate has to consider the same on merits and pass appropriate orders. However petitioner is granted ten days' time from CRL. M.C. No.1386 of 2009 -: 2 :- this day to surrender in the court concerned and seek regular bail. If any such application is filed, learned Magistrate will consider the same on its merits and pass appropriate orders as expeditiously as possible. During the said period of ten days, warrant of arrest if any pending against the petitioner shall be kept in abeyance. lt is directed that during the said period of ten days petitioner shall not go beyond the State of Kerala. Crl.M.C. is closed as above. Hand over. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== S.A. NO. OF 2001 =================== J U D G M E N T APRIL, 2009