IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.MC.No. 1018 of 2011() --------------------------------------- CC.NO.1402/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, MALAPPURAM. (EDAKKARA POLICE STATION LIMIT) .................... PETITIONER(S): ACCUSED NO.1: ------------------------------------------------- MUHAMMED ALI, AGED 47 YEARS, S/O. MUHAMMED KUTTY, A.K. HOUSE, PALLIPADY, P.O. PALEMAD, MALAPPURAM DISTRICT. BY ADV. SRI.T.A.SHAIN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1018 of 2011 ==================================== Dated this the 30th day of March, 2011 O R D E R Petitioner is an accused in Crime No.290 of 2003 of Kondotty Police Station and C.C No.1402 of 2010 of the court of learned Judicial First Class Magistrate-I, Malappuram for offences punishable under Sections 468, 471, 419 and 120B of the Indian Penal Code and Section 12(1)(a), (b) and (d) of the Indian Passport Act. Petitioner says that the first accused underwent trial and was convicted in C.C. No.1204 of 2004 and the case against petitioner was split up and refiled as C.C. No.1402 of 2010. In the meantime he was in remand as per the order of learned Special Judge, Additional Special Court, Chennai for offence punishable under the NDPS Act. He was acquitted in that case on 28.11.2010. In the circumstances he was not able to appear before learned Magistrate. Petitioner is ready to surrender before learned Magistrate. Hence this petition for a direction to the learned Magistrate to grant him bail on the day he surrenders. 2. In the light of decision in TGN Kumar v. State of Kerala (2011[1] KHC 142) no direction could be issued to the learned Magistrate to grant bail to the petitioner on the day he CRL.M.C. No. -: 2 :- surrenders. Petitioner has to surrender before the learned Magistrate and seek regular bail and it is open to the petitioner to bring to the notice of learned Magistrate as he contends that he was in custody as per the order of the learned Special Judge, Additional Special Court, Chennai. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines: (i) Petitioner is granted time till 08.04.2011 to surrender in the court of learned Judicial First Class Magistrate-I, Malappuram in C.C. No.1402 of 2010. (ii) Warrant of arrest issued to the petitioner will stand in abeyance till 08.04.2011 or till he surrenders before learned Judicial First Class Magistrate-I, Malappuram whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv