IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 13067 of 2009(Q) -------------------------- CMP.3867/2008 of J.M.F.C.,KUNNAMANGALAM .................... PETITIONER(S): --------------- P.K.MURALEESHARAN, AGED 42 YEARS, S/O. LATE BALAKRISHNAN NAIR, LATHA MANDIRAM, KATTANGAL ROAD, PIPE LINE JUNCTION, MAVOOR, KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENT(S): --------------- STATE OF KERALA REP.BY STATION HOUSE OFFICER,MAVOOR POLICE STATION,CRIME/FIR NO.270/08 REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJED ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) NO. 13067 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30-04-2009 JUDGMENT The petitioner who is the first accused in Crime No. 270 of 2008 of Mavoor Police Station registered for offences punishable under Sections 323, 506 and 498 A I.P.C. seeks a direction to the J.f.C.M. Kunnamangalam to receive on file Ext.P5 petition for regular bail filed by him. According to the petitioner, the learned Magistrate is not entertaining the application for the reason that in Ext.P3 order passed by the Sessions Court, Kozhikode, it has been observed that the anticipatory bail granted shall be in force for two weeks and Ext.P5 application has been filed beyond the said time limit and the same cannot be entertained. Ext.P3 anticipatory order dated 14-11-2008 passed by the Sessions Judge, Kozhikode in C.M.P. No. 1184 of 2008 granted anticipatory bail only to petitioners 2 to 4. The petitioner herein who was the first petitioner there W.P.(C) No. 13067 of 2009 -:2:- was not granted anticipatory bail. His request for anticipatory bail was dismissed with a direction to surrender before the lower court for obtaining regular bail and the said direction was issued without any time limit. The period of two weeks fixed was for the anticipatory bail which was granted to petitioners 2 to 4 therein. It cannot obviously apply to the petitioner herein. I fail to see as to why the magistrate will not entertain the application for regular bail. This petition is therefore misconceived. If Ext.P5 application for regular bail is pending before the Magistrate, I am sure, that the same shall be heard and disposed of on merits. This Writ Petition is accordingly dismissed. Dated this the 30th day of April, 2009. V. RAMKUMAR, (JUDGE) ani. W.P.(C) No. 13067 of 2009 -:3:-