IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 CRL.MC.NO. 1907 OF 2011() ----------------------------------------- CP.8/2011 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONER(S): ------------------------ BINU, AGED 32, S/O NARAYANAN, PEZHUVILA VEEDU, MANATHALA, NEYYATTINKARA. BY ADV. SRI.V.V.PRATHEEKSH KURUP RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1907 of 2011 ==================================== Dated this the 24th day of June, 2011 O R D E R Petitioner is the second accused in O.R. No.42 of 2005 of Tirupuram Excise Range Office, Neyyattinkara and C.P. No.8 of 2011 of the court of learned Judicial First Class Magistrate, Neyyattinkara for offence punishable under Section 55(a) of the Abkari Act. Allegation is that petitioner and first accused transported 175 litres of spirit in an Autorikshaw and on the Excise Officials intercepting the vehicle petitioner and the second accused ran away from the scene. Petitioner seeks a direction to the learned Magistrate to release him on bail on the day he surrenders and files application for bail. I have heard learned Public Prosecutor also. 2. No such direction as prayed for could be issued to the learned Magistrate in the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037). But the application for bail if preferred has to be disposed of as expeditiously as possible. Learned counsel submitted that petitioner got married on 12th of this month. Having regard to the circumstances stated I am inclined to grant some time to Crl.M.C.No.1907 -: 2 :- the petitioner to appear before learned Magistrate and seek bail/recall of warrant. Resultantly, this Criminal Miscellaneous Case is disposed of in the following lines: (i) Petitioner is granted two weeks' time from this day to appear before the learned Magistrate and seek bail/recall of warrant. (ii) If petitioner preferred any application for bail/recall of warrant learned Magistrate shall pass appropriate orders on the said application as early as possible. (iii) Non-bailable warrant issued to the petitioner will stand in abeyance for a period of two weeks from this day or till petitioner appears before learned Magistrate, whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv