IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.MC.No. 518 of 2011() ----------------------------------- CRIME NO.371/2005 OF MANNAR POLICE STATION. ........ PETITIONER(S): IST ACCUSED ------------------------------------------- ANEESH KUMAR, VALIYATHARAYIL HOUSE, PERINGILIPPURAM P.O., ULUNTHY, ALAPPUZHA-689624. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.P.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.518 of 2011 -------------------------------------- Dated this the 8th day of March, 2011. ORDER Petitioner is accused No.1 in Crime No.371 of 2005 of Mannar Police Station for offences punishable under Sections 341, 324 read with Section 34 of the Indian Penal Code. Annexure-A, final report is pending in the court of learned Judicial First Class Magistrate-II, Chengannur. Since petitioner was not available when the remaining accused were tried, case against him was split up and refiled as C.C.No.37 of 2006. Now a non-bailable warrant is pending against petitioner. Petitioner is ready to surrender in the trial court but, he seeks a direction to the learned Magistrate to release him on bail on the date of his surrender. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. In view of the decision in Martin v. State of Kerala (2004 (2) KLT 1037) no such direction could be granted. However, I direct the learned Magistrate to dispose of the application for bail if presented as early as possible. Crl.MC No.518/2011 2 Warrant of arrest issued against petitioner will stand in abeyance for a period of three weeks from this day so that in the meantime petitioner could approach the learned Magistrate and seek regular bail. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks