IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Crl.MC.No. 1364 of 2009() ------------------------- CC.2/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... PETITIONER(S)/ACCUSED NO.3: --------------- P. HASSAN, S/O. KOYAKUTTY, THONIKARA HOUSE, TACHINGANADAM P.O., MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENT(S)/STATE/COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, MELATOOR POLICE STATION, MALAPPURAM DIST. BY PUBLIC PROSECUTOR SHRI SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C.No.1364 of 2009 -------------------------------------- Dated this the 15th day of April, 2009. ORDER Petitioner who is facing charges under Sections 323 and 324 read with Section 34 of the Indian Penal Code is under the threat of a warrant for his arrest in C.C. No.2 of 2009. Petitioner states that he was at United States, unaware of the proceedings against him. He therefore seeks a direction from this Court to the learned magistrate to release him on bail on the event of his surrender. 2. Heard counsel for petitioner and Public Prosecutor. 3. The question whether the request for bail can be allowed is a matter which the learned magistrate has to decide based on the provision of law applicable and the facts of the case. No such direction as prayed for could be granted. 4. However, in the facts and circumstances stated by the petitioner, I am inclined to grant the petitioner two weeks' time from today to surrender in the trial court and seek regular bail. In case any petition for bail is preferred before the learned magistrate, that court will consider the application on merit and pass appropriate orders, if possible the same day itself unless there are compelling Crl.M.C.No.1364/2009 2 reasons otherwise. During the said period of two weeks, the warrant for arrest shall remain in abeyance. It is further directed that petitioner shall not during the said period of two weeks go beyond the Malappuram District. Crl.M.C. is closed. THOMAS P.JOSEPH, Judge. cks