IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 CRL.MC.NO. 1697 OF 2011() ------------------------- AGAINST THE ORDER IN BA.3605/2010 OF HIHH COURT PETITIONER(S): ACCUSED NO.1 ----------------------------------------------- C.R.RADHAKRISHNA KURUP, DEVASWOM ADMINISTRATIVE OFFICER, CHERTHALA SUB GROUP, ALAPPUZHA DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DETECTIVE INSPECTOR, ECONOMIC OFFENCES WING, SUB UNIT-1, PATHANAMTHITTA (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1697 of 2011 ==================================== Dated this the 09th day of June, 2011 O R D E R Petitioner is accused in Crime No.203/CR/KLM/2009 of Economic Offences Wing, Sub Unit-I, Pathanamthitta. Petitioner approached this Court with Bail Application No.3605 of 2010 and this Court by Annexure-I, order dated August 06, 2010 directed that petitioner shall surrender before the Investigating Officer for interrogation and recovery of incriminating material and petitioner thereafter shall appear before the Magistrate who shall dispose of the application for bail preferably on the date of its filing. Petitioner says that he appeared before the Investigating Officer and he was questioned on 18.08.2010. Petitioner is now willing to appear before learned Magistrate and move bail application but is apprehensive that if the application for bail is not disposed of on the same day it is likely that he may be remanded to judicial custody. Learned counsel submitted that in the light of the decisions in Sukhwant Singh and Others v. State of Punjab ([2009] 7 SCC 559 and Mukesh Kishanpuria v. CRL.M.C. No.1697 of 2011 -: 2 :- State of West Bengal (2010 [5] SCR 702) petitioner is entitled to get interim bail and that the power to grant interim bail is inherent with the learned Magistrate who is empowered to grant regular bail. Petitioner intends to move application for bail and interim bail. Request is to direct learned Magistrate to consider the application for interim bail as the Supreme Court has stated in the decisions cited supra. I have heard learned Public Prosecutor also. 2. Having regard to the circumstances stated learned Magistrate is directed to dispose of the application for bail as directed by this Court in Annexure-A1, order dated August 06, 2010 and if any application for interim bail is preferred the same shall be disposed of as provided under law as expeditiously as possible having regard to the purport of the interim application and in the light of the decisions which learned counsel relied and are referred supra. Criminal Miscellaneous Case is disposed of with the above directions. THOMAS P. JOSEPH, JUDGE. vsv