IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Crl.MC.No. 313 of 2011() ------------------------ CRIME NO.116 OF 2000 OF ALAKODE POLICE STATION SC.1393/2005 of ASSISTANT SESSIONS COURT, PAYYANNUR .................... PETITIONER/ ACCUSED ---------------------- N.V.MURALIDHARAN, S/O.K.K.NARAYANAN NAMBIAR, AGED 31 YEARS, NARAMBIL VEETIL THALAVIL, ERUVATY P.O., CHAPPARAPPADAVU VIA, KANNUR DIST. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.LIJO KURIAN JOSE RESPONDENT/COMPLAINANT: -------------------------- THE STATE OF KERALA, (SUB INSPECTOR OF POLICE, ALAKODE POLICE STATION, CRIME NO.116/2000) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. SRI K J MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.313 of 2011 --------------------------------------- Dated this 01st day of February, 2011 ORDER Petitioner is the accused in S.C.No.1393 of 2005 of the court of learned Assistant Sessions Judge, Payyannur arising from the final report in Crime No. 116 of 2000 of Alakode Police Station for offences punishable under Secs. 55(a) and 58 of the Abkari Act. Petitioner was released on bail and he went abroad. Hence the case against petitioner was split up. Later, petitioner appeared and he was released on bail. On 15.11.2010 an application preferred to excuse absence of petitioner was dismissed and the learned Assistant Sessions Judge issued non bailable warrant to the petitioner. It is submitted that petitioner has to come to India in connection with the hospitalisation of his mother and that he has to rejoin duty on 05.02.2011. In the circumstances, it is prayed that a direction may be given to the learned Assistant Sessions Judge to grant bail to the petitioner in the event of his surrender on the date of his surrender itself and to record the plea of accused the same day or record plea through his counsel. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. In the light of the decision in Martin Vs. State of Kerala (2004(2) KLT 1037) no such direction as prayed for Crl.M.C.No.313 of 2011 -: 2 :- could be issued. It is for the learned Assistant Sessions Judge to consider the application for bail if preferred by the petitioner. Learned counsel submits that petitioner may be granted some time to surrender in the trial court. Having regard to the circumstances stated, I am inclined to give a weeks' time to surrender in the trial court. Resultantly this criminal miscellaneous case is disposed of granting a weeks' time to the petitioner to surrender before the learned Assistant Sessions Judge, Payyannur and seek regular bail. If any such application is preferred, learned Assistant sessions Judge shall dispose of that application on merit as early as possible. Any other application which the petitioner intends can also be filed before the learned Assistant Sessions Judge in the matter of recording of plea and such application shall also be decided by the learned Assistant Sessions Judge as provided under law. It is directed that non bailable warrant issued to the petitioner will stand in abeyance during the said period of one week or till petitioner appears in the trial court, whichever is earlier. This criminal miscellaneous case is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-