IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Crl.MC.No. 1390 of 2011() ------------------------- CP.112/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL ................ PETITIONER/ACCUSED --------------------------------- SANTHOSH, S/O.THANKAPPAN PILLAI, AGED 28 YEARS,VALIYAVILAKOM, NEAR PARAYATHKONAM SCHOOL, CHITTATTINKARA, KIZHUVILAM, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE,ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR : SMT. P.N. SUMANGALA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------- Crl. M.C No. 1390 of 2011 -------------------------------------- DATED THIS THE 13th DAY OF MAY 2011 O R D E R This is a petition filed by the 5th accused in CP No.112/2010 on the file of Judicial First Class Magistrate Court-I, Attingal under section 482 of Cr.PC. seeking a direction to the learned Magistrate to consider his bail application on the same day of his surrender before the Magistrate. 2. The allegation against the petitioner is that he along with some others, obstructed the defacto complainant and committed robbery of a mobile phone of defacto complainant. It is alleged in this petition that he got an employment abroad and only recently he came to know he has made an accused in this case, that Magistrate has issued Non-bailable warrant against him and that he apprehends that if he surrender before the lower court he may be remanded. Therefore he prays that Magistrate may be directed to consider his bail application if he surrenders before the Magistrate on the date of surrender itself. Crl. M.C No.1390/2011 -2- 3. Notice given to the Public Prosecutor. He has no objection in granting the prayer in the petition. Petition is allowed. Petitioner is directed to surrender before the Judicial First Class Magistrate Court-I, Attingal on or before May, 30, 2011. On such surrender, the learned Magistrate shall consider his bail application, if any, filed by him on the date of surrender itself and pass appropriate orders. Crl.M.C. is allowed as found above. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A to Judge