IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.MC.No. 569 of 2009() ------------------------ (CRIME NO. 322/2008 OF PUTHENCRUZ POLICE STATION) .................... PETITIONER(S):/ ACCUSED ---------------------- DOMINIC, AGED 71,S/O.VAREETH, VALIYAVEETTIL HOUSE, ERUMATHALA.P.O, CHOONDY. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA,REP; BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 569 OF 2009 --------------------------------- Dated this the 13th day of February, 2009 O R D E R This petition is filed to direct the Judicial First Class Magistrate Court, Kolencherry to release the petitioner on bail on merits on the date of surrender itself in Crime No. 322/2008 of the Puthencruze Police Station, if the petitioner surrenders before the investigating officer and produced before the court. The special circumstances in this case would reveal that very same petitioner moved an application for anticipatory bail before this court and this court considered and held that he should surrender before the investigating officer and co-operate with the investigation and make himself available for interrogation. The court further directed whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. This order was on 6.1.2009. Till this date he has not surrendered before the investigating officer and has not made him available for interrogation. Now he want a mandatory order from this court to direct the Magistrate to consider the application for bail Crl.M.C. 569/2009 -2- as and when it is filed. Under ordinary circumstances, any bail application has to be considered when it is filed after complying with the formalities and there shall not be any laches on the part of the court thereby causing delay in disposing of the bail application. Therefore when he is produced before the court or surrenders before the court as the case may be, the learned Magistrate shall consider and dispose of the bail application after hearing all concerned as expeditiously as possible. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm