IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Crl.MC.No. 1358 of 2011 ------------------------ CP.132/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD IN CRIME No.36/2010 OF VANDANAPPALLY POLICE STATION, TRICHUR ................... PETITIONER/ACCUSED No.3 & 1 ----------------------------------------------- 1. PRABEESH, S/O.PRASANNAN, INNARAN HOUSE, NAMBIKADAVU P.O., THALIKKULAM, TRICHUR DISTRICT. 2. SUMOD, S/O.MOHANDAS, THAIVALAPPIL HOUSE, THALIKULAM P.O., TRICHUR DISTRICT. BY ADV. SRI.P.K.ANIL RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, VADANAPPALLY POLICE STATION, TRICHUR DISTRICT-680736. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR : SRI. B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------- Crl. M.C. No. 1358 of 2011 ------------------------------------- DATED THIS THE 10th DAY OF MAY 2011 O R D E R This petition filed by accused No.3 and 1 in CP No.132/2010 on the file of Judicial First Class Magistrate, Chavakkad seeking a direction to the Magistrate to release them on bail in the event of their surrender before the Magistrate. 2. The allegation against the petitioners is that on January 15, 2010 they along with others attacked the defacto complainant causing injuries to him and that thereby committed offences punishable under Section 143, 147, 148, 324, 427, 452, 308 read with Section 149 of Indian Penal Code. According to the Petitioner they were implicated in the case due to political enmity. Non-bailable warrant has been issued against the them. The petitioners' request that the Magistrate may be directed to release them on bail in the event of their surrender before the Magistrate. 3. Notice given to the Public Prosecutor. Heard the Crl.M.C No.1358/2011 -2- counsel for the petitioners and the Public Prosecutor. 4. This Court cannot direct the learned Magistrate to release the petitioners on bail if they surrender before the Magistrate. Prima facie the petition appears to be not maintainable and therefore has to be dismissed. But the Magistrate is directed to consider their bail application, if they surrender on the date of surrender itself and pass appropriate orders. Crl.M.C is disposed of as above. Sd/- P.Q. BARKATH ALI, JUDGE AMG True copy P.A to Judge