IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Crl.MC.No. 303 of 2010() ------------------------ AGAINST THE ORDER DATED / / IN LPC.146/2005 IN CC.315/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR (CRIME NO.127 OF 2004 OF VALAPPATTANAM POLICE STATION) .................... PETITIONER(S): ACCUSED ---------------------- V.BIJU @ BIJESH, S/O. P.KUNHIRAMAN, AGED 30 YEARS, PATHIYIL HOUSE,KAYARALAM AMSOM NANIYOOR DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR DT. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PP MR.P A SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.303 of 2010 ------------------------------------- Dated 29th January 2010 Order This is a petition filed under Section 482 of the Code of Criminal Procedure, praying for a relief that in case the petitioner surrenders before the Court below and files an application for bail, the Court below may be directed to consider and dispose of the same on the very same day itself. 2. The petitioner is the sole accused in Crime No.127/2004 of Valappattanam Police Station for having committed the offences punishable under Ss.447, 323, 325 and 506(i) IPC. Cognizable offence was taken as CC No.315/04. The petitioner was released on bail. It is pointed out that since the petitioner was suffering from severe cervical spondylosis and was undergoing treatment, he was unable to attend Court. Therefore, warrant has been issued to him. The petitioner apprehends that if he surrenders before Court and submits an application for bail, the Court will not consider the same on the very same day CR.MC NO.303/10 2 itself. Therefore, he prays for a direction to the Court below to dispose of the application for bail to be filed by him, on the very same day itself. 3. This petition is disposed of with a direction to the Court below that in case the petitioner surrenders before Court and moves an application for bail after informing the learned Public Prosecutor, the Court below shall consider and pass orders thereon in accordance with law, on the very same day itself. P.BHAVADASAN, JUDGE sta CR.MC NO.303/10 3