IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 Crl.MC.No. 1396 of 2009() ------------------------- CC.587/2006 of JUDL.MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR .................... PETITIONER/3RD ACCUSED: -------------------------- ASLAM, AGED 30, S/O.SAIDUMUHAMMED, THOPPIL HOUSE, II/175 A, ALUVA MUNICIPALITY, 1ST CONVENT ROAD, (PARUR KAVALA), THOTTAKKATTUKARA ALUVA VILLAGE, ERNAKULAM DIST. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENT: --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.V.T.K.MOHANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1396 OF 2002 () ----------------------------------- Dated this the 24th day of April, 2009 O R D E R Petitioner is the 3rd accused in C.C.No.587/2006 on the file of the Judicial First Class Magistrate Court, I, North Paravur. He was prosecuted for the offence punishable under Section 323 read with Section 34 of the IPC. When the trial proceeded, the petitioner and first accused were not available and hence splitting up the case against them the trial proceeded against the 2nd accused, who alone appeared before the court. It is submitted, the trial against that accused A2 ended in his acquittal. Petitioner now seeks a direction to the court below to appear for disposal of his bail application on the date of his appearance before that Court. He is employed in a Gulf country is the reason canvassed for the indulgence of the court to excuse his absence, while the trial proceeded against the co-accused. Having regard to the facts and circumstances and submissions made by the learned counsel, CRL.M.C.1396/09 2 I find a direction to the learned Magistrate to dispose the bail application, if any, moved by the petitioner on the date of his appearance before that court, will not cause any prejudice or in any way affect justice. So much so, there shall be direction to the Judicial First Class Magistrate Court-I, North Paravur, to dispose of the bail application, if any, moved by the petitioner on the date of his appearance before that Court in C.C.No.587/2006, provided, he appears and moves a bail application within two weeks from the date of this order. Criminal M.C. is allowed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009