IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Crl.MC.No. 3278 of 2011 -------------------------------- ORDER IN LP.62/2011 IN CC.1312/2008 of JFCM, KUNNAMKULAM .................... PETITIONER/ACCUSED: NAZARUDHEEN, S/O.MUTHU, PUTHUVEETIL (H), KARIKKAD VILLAGE, PALLI ROAD, KARIKKAD, KUNNAMKULAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3278 of 2011 ------------------------------------------- Dated this the 27th day of September, 2011 ORDER Petitioner is one of the accused in Crime No.680/2008 of Kunnamkulam Police Station. The case was pending before Judicial First Class Magistrate Court, Kunnamkulam as C.C.No. 1312/2008. Petitioner/accused did not appear in court. Warrants were issued against him. After complying with the procedure under Sections 82 and 83 of Code of Criminal procedure, the case was transferred to the register of long pending cases and it is now pending as L.P.No.62/2011. The offences alleged against the accused are under Sections 3421, 323 and 324 read with Section 34 of Indian Penal Code. The offences are bailable offences. Petitioner apprehends that if he surrenders before the learned Magistrate he will be remanded, since he was absconding. 2. Learned counsel for the petitioner submits that petitioner is ready and willing to surrender before the learned Magistrate and therefore, there may be a direction to the learned Magistrate to dispose of the bail application to be filed CRMC 3278/2011 2 by the petitioner on the same day itself. Such a direction cannot be issued in the light of the Division Bench decision in Martin v. State of Kerala (2004 (2) KLT 1037). Petitioner can very well point out the fact that the offences are bailable offences and explain why he did not appear before that court earlier. However, learned Magistrate will dispose of the bail application as expeditiously as possible. This petition is disposed of as above. (N.K.Balakrishnan, Judge) tkv