IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Crl.MC.No. 1610 of 2010() ------------------------- LPC.42/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PERAMBRA CRIME NO.281/2001 OF PERAMBRA POLICE STATION .................... PETITIONER(S): 2ND ACCUSED -------------------------- MOHAMMED, AGED 32 YEARS, S/O.MOIDU, UKKARANKANDI HOUSE, MENHANIAM AMSOM AND DESOM, PERAMBRA, KOZHIKODE. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTED BY THE S.H.O, PERAMBRA. BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== CRL. M.C. No.1610 of 2010 ==================================== Dated this the 6th day of May, 2010 O R D E R Petitioner is accused in Crime No.281 of 2001 of Perambra Police Station and L.P.C. No.42 of 2005 of the court of learned Judicial First Class Magistrate-I, Perambra for offences punishable under Section 158 of the Indian Penal Code and Section 48 of the Kerala Police Act. Relief sought in this petition filed under Section 482 of the Code of Criminal Procedure is for a direction to the learned Magistrate to consider the application for bail that may be filed by the petitioner on the date of surrender itself. 2. I have heard learned counsel for petitioner and learned Public Prosecutor appearing for the respondents. 3. In the light of the decisions of this Court in Martin v. State of Kerala (2004 [2] KLT 1037) and Pappachan v. Muthu (2005 [2] KLT 76) no such direction as prayed for can be issued. Having regard to the circumstances stated before me, I direct CRL. M.C. No.1610 of 2010 -: 2 :- the learned Magistrate to dispose of the application for bail if any preferred by the petitioner as expeditiously as possible. Criminal Miscellaneous Case is dismissed with the above direction. THOMAS P. JOSEPH, JUDGE. vsv