IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Crl.MC.No. 1576 of 2010() ------------------------- CC.152/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER/ACCUSED ---------------------- V.K.SANKARANKUTTY,S/O.KRISHNAN, VILAKKATHARA, POTTOR,MULAKUNNATHUKAVU(VIA), THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: SRI K M FEROZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1576 of 2010 --------------------------------------- Dated this 30th day of April, 2010 ORDER Petitioner is accused in C.C.No.152 of 2004 of the court of learned Judicial First Class Magistrate, Chalakkudy for offence punishable under section 409 of the Indian Penal Code. He was enlarged on bail in the crime stage and was appearing in the court below regularly but, since in the meantime he was bedridden due to Paralysis and admitted in the hospital he could not appear in court. Hence a non bailable warrant issued against him. Prayer in this petition is to direct the learned Magistrate to enlarge petitioner on bail on the date of his appearance in that court. 2. I have heard learned counsel for petitioner and learned Public Prosecutor. In the light of the decision in Martin Vs. State of Kerala (2004(2) KLT 1037) no direction could be issued to the learned Magistrate to enlarge the petition for bail or to dispose of the petition on the very same day it is preferred. But having regard to the facts and circumstances I direct the learned Magistrate to dispose of the petition for bail if preferred, as expeditiously as possible. With the above direction the petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-