IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4335 of 2008() ------------------------- CC.180/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD CRIME NO.329/05 OF TOWN SOUTH POLICE STATION, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------- UNNIKRISHNAN, S/O.RAMAN, AGED 38 YEARS, KUNNAMKADU VEEDU, MOOLAMKODE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4335 of 2008 ------------------------------------- Dated this the 13th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 324 r/w 34 I.P.C. Warrants of arrest issued by the learned Magistrate are chasing him. He came to this Court with Crl.M.C.No.4103 of 2008. That Crl.M.C was disposed of by order dt.30.10.08. The petitioner had submitted to the Court that the disputes had been settled between the parties. But the petitioner now submits that the petitioner is not now able to report such settlement allegedly on account of the unreasonable stand taken by the victims later on. In these circumstances, the petitioner prays that the learned Magistrate may be directed to consider the application for bail on the date of surrender itself as already observed in the order dt.30.10.08. The petitioner apprehends that in as much as the petitioner is unable to report composition, the learned Magistrate may not consider the bail application on the date of surrender itself. Crl.M.C. No.4335 of 2008 2 2. Whether there is composition or not, the application for bail has to be considered on merits, in accordance with law and expeditiously - on the date of surrender itself. Whether there has been composition or not, is irrelevant while complying with the direction to consider the application for regular bail on merits expeditiously. 3. With the above observations, this Crl.M.C is dismissed. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-