IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.MC.No. 488 of 2010() ------------------------ CC.615/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S)/ACCUSED: ------------------------------------ PRASAD, S/O. KRISHNANKUTTY,AGED 40, PANAYATH HOUSE, NEAR SOUTH PATTATHALIKSHETHRAM, SOUTH THURAVOOR. BY ADV. SRI.T.A.SHAJI RESPONDENT(S)/COMPLAINANT: ----------------------------------------------- SATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM(REPRESENTED THE SUB INSPECTOR OF POLICE, MARARIKULAM) BY PUBLIC PROSECUTORSRI. S. U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 488 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2010. ORDER The petitioner seeks a direction to the Judicial Magistrate of the First Class-I, Alappuzha to release him on bail when he surrenders before the said court on a date to be fixed by the court below. 2. Petitioner is the sole accused in C.C. No.615 of 2003 before the JFCM-I, Alappuzha. He is alleged to have committed offences punishable under Sections 498A and 501(b) of the Indian Penal Code. Petitioner had married the defacto complainant in 1997. They have a girl child. For reason which are not very relevant now, their relationship became bitter. It is seen that on 20.8.2009, when the case was taken up, counsel for the accused submitted no instructions. Therefore, non- bailable warrant was issued and notice was issued to the Crl.M.C.488/2010. 2 sureties. Proceedings under Sections 82 and 83 were also commenced. 3. Petitioner says that the absence on the particular day was not wilful and was due to reasons beyond his control. It is also pointed out he had been very promptly attending the court on previous posting dates and the trial has been lagging for last three years. His only prayer is that when he surrenders before the court below, he may be released on bail. 4. This court had occasion to go through the order sheet, which was made available by the counsel for the petitioner. The claim of the petitioner that he has been appearing on most of the days seems to be correct and his claim that the absence on the particular day was due to reasons beyond his control need not be doubted. 5. Whatever that be, considering the facts and circumstances of the case, there will be a direction to the JFCM-I, Alappuzha to release the petitioner on bail on his surrendering before the court below on 16.2.2010 in case he Crl.M.C.488/2010. 3 files an application for bail after giving notice to the Public Prosecutor. P. BHAVADASAN, JUDGE sb.