IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 667 of 2011() --------------------------------- CRIME NO.323/2010 OF CHAVARA POLICE STATION, KOLLAM. .................... PETITIONER(S): ACCUSED NO.2 ----------------------------------------------- SHUKKOOR.M., AGED 30 YEARS, S/O.MOHAMMED KUNJU, MUPPATTIYIL HOUSE, NOW RESIDING AT PILLAVEETTIL THEKKETHIL HOUSE, CHOLAYIL MURI, MUKUNDAPURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT - 690518. BY ADV. SRI.C.S.MANU SMT.V.SARITHA RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED S.I. OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM DISTRICT - 691 583 (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). 691 583/ BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.667 of 2011 ==================================== Dated this the 04th day of March, 2011 O R D E R Petitioner is accused in Crime No.323 of 2010 of Chavara Police Station for offences punishable under Sections 143, 147, 148, 324 and 308 read with Section 149 of the Indian Penal Code. Petitioner had approached this Court with an application for anticipatory bail twice but did not succeed. Petitioner is prepared to surrender before the learned Magistrate. Apprehension of petitioner is that on petitioner surrendering in the said court he may be remanded. Learned counsel submitted that in the light of the decision in Sukhwant Singh v. State of Punjab ([2009] 7 SCC 559) it is within the discretionary power of the court to release petitioner on interim bail in case application for bail could not be disposed of on the same day accused surrenders in court. Learned counsel requested that a direction may be issued to the learned Magistrate either to consider and dispose of the application for bail on the date petitioner surrenders or in case application is adjourned to some other day for disposal petitioner CRL.M.C. No.667 of 2011 -: 2 :- may be released on interim bail. I have heard the learned Public Prosecutor also. 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction could be issued. But if any application for bail is preferred learned Magistrate has to dispose of the application as early as possible having regard to the grievance of petitioner. I make it clear that in case learned Magistrate is not able to dispose of the application on the same day it is within the discretionary jurisdiction of learned Magistrate to grant interim bail as held in Sukhwant Singh’s case (supra) after hearing the law officer concerned and considering the request if any for custodial interrogation of petitioner. Criminal Miscellaneous Case is disposed of in the above lines. THOMAS P. JOSEPH, JUDGE. vsv