IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 CRL.MC.NO. 2917 OF 2010() ------------------------- {CC.937/2009 OF JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD} .................... PETITIONER(S): 2ND ACCUSED: ----------------------------------- SHAMSUDEEN, AGED 24 YEARS, S/O.LATE IQBAL, PERUMBALAKADAVU, CHALAKKUNNY, KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): COMPLAINANT ------------------------------------- THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.SMITHA SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------------------------- Crl.M.C.No.2917 of 2010 ------------------------------------------------- Dated this the 26th day of July, 2010 O R D E R The petitioner is the second accused in Crime No.337/06 of the Kasaragode Police Station, registered for the offence punishable under Section 379 of the Indian Penal Code. The allegation against the accused, two in number, is that they snatched a gold chain of the de facto complainant. Petitioner was not available for trial. The trial proceeded against the other accused (1st accused) treating the petitioner/2nd accused as an absconder and proceedings taken against him under Section 82 of the Code of Criminal procedure. He has now filed the present petition seeking orders/directions to the court below to consider his bail application on the date of his surrender and also for releasing him on bail. Furnishing explanation, if any, for his non-appearance, Crl.M.C.No.2917 of 2010 :: 2 :: he can canvass for bail before the magistrate where the case is pending. On the facts and circumstances of the case, I find, this is not a fit case, where a direction or an order can be issued, as sought for by the petitioner. Crl.M.C. is accordingly dismissed in limine. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. To Judge.