IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.MC.No. 3232 of 2011() ------------------------------- CC.249/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED 2: ---------------------------------- BALASUBRAMANIM, S/O.VELU, VALLADAN HOUSE, KADAMPUZHA P.O., TIRUR TALUK. BY ADVS. SRI.BLAZE K.JOSE SMT.N.DEEPA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING, SI OF POLICE, KALPAKANCHERY POLICE STATION. BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.3232/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1: COPY OF THE ORDER IN B.A. NO.6389/2009. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3232 of 2011 ----------------------------------- Dated this the 23rd day of September 2011 O R D E R There were two accused in this case. Out of them, one accused was stated to have committed suicide. The other accused who is the petitioner before this Court (who was arrayed as 2nd accused originally) has filed this petition stating that as he did not appear before the court, warrant was issued against him and so if he now appears before the court he is likely to be remanded by the learned Magistrate. 2. The learned counsel for the petitioner submits that a direction may be issued to the learned Magistrate to dispose of the bail application on the same date, when the petitioner appears before the court. Such a direction cannot be issued by this Court as has been held by the Division Bench of this Court in Martin v. State of Kerala [2004 (2) KLT 1037]. However, the learned Magistrate will Crl.M.C. No.3232 of 2011 -: 2 :- dispose of the application as expeditiously as possible after hearing the accused and the learned Public Prosecutor in the matter. Petitioner will surrender before the learned Magistrate within 10 (ten) days from today. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt