IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Crl.MC.No. 1244 of 2009() ------------------------- CP.33/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- ANEESH S/O. BHASKARA KURUP, PUTHIYEDATH HOUSE, POST PUNNASSERY, VIA. NARIKUNI, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. T.A.VELAYUDHAN S/O. MOOTHORAN, THEKKE ALATHOTTATHIL HOUSE, KAKKOOR P.O., NADUVALLOOR AMSOM, RAMALLOOR DESOM, KOZHIKODE TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1244 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009. O R D E R This petition is filed with a prayer to quash the entire proceedings in C.P.33/07 or in the alternative to issue a direction to the Judicial First Class Magistrate-III, Kozhikode to release the petitioner on bail in the even of his surrender. After hearing the learned counsel for the petitioner I am inclined to dispose of this petition with the following directions. If the petitioner surrenders before Court and moves an application for bail I direct the learned Magistrate to consider the bail application on the date of surrender itself and pass appropriate orders in accordance with law. In order to enable the Magistrate to do so surrender as well as filing of the bail application shall be done on the early hours of the working day. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-