IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4727 of 2010() ------------------------------------- CP.2/1993 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR CRIME NO.392/1991 OF PAYYANNUR POLICE STATION. .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- M.K. VAHAB, AGED 34 YEARS, S/O.MUHAMMED KUNJU, VADAKKUMBAD, MUNDAMKUZHIYIL, RAMANTHALI, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4727 of 2010 -------------------------- ORDER Petitioner had earlier approached this court by filing Crl.M.C.Nos.3253/2009 and 3254/2009 for a direction to the Magistrate to consider the application for bail on the date of surrender. By Annexure-1 order, it was made clear that as there is no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court, no direction is warranted. Thereafter, petitioner surrendered before Assistant Sessions Judge, Payyannur. By Annexure-2 order, the bail application was rejected. This petition is filed under Section 482 of Code of Criminal Procedure to grant bail and to direct Assistant Sessions Judge to hear the petitioner on the next posting date on the claim for discharge. 2. Learned counsel appearing for the petitioner was heard. CRMC 4727/10 2 3. When an application for bail is rejected, remedy of the petitioner is not to file a petition under Section 482 of Code of Criminal Procedure, but to approach the superior court for bail. Hence, petitioner is granted liberty to seek bail before the appropriate court. 4. Assistant Sessions Judge, Payyannur is directed to hear the prosecution and the defence on the question of discharge under Section 227 of Code of Criminal Procedure and decide whether petitioner is to be discharged or charge is to be framed expeditiously. Petition is disposed. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv