IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 CRL.MC.NO. 962 OF 2011() ------------------------------------------ CC.508/2004 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI PETITIONER(S): 2ND ACCUSED ---------------------------------------------- SANJAYAN, AGED 25 YEARS, S/O.VENUGOPALAN, VRINDHAVAN HOUSE, AYYATHIL P.O., KOLLAM DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.962 of 2011 ==================================== Dated this the 25th day of March, 2011 O R D E R Petitioner is the second accused in C.C. No.505 of 2004 of the court of learned Judicial First Class Magistrate, Ranny for offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. Learned counsel submits that petitioner is impleaded as an accused later and was granted bail in the year 2004. Since his father fell ill in the year 2007 and expired in 2009 he could not appear in court and thereon his bail was cancelled and a non-bailable warrant was issued to him. It is submitted that his counsel did not intimate the said fact to him. According to the petitioner he was aged 18 years only at the time of the alleged incident and now is working in a Panchayat Office. Petitioner states that he is ready to surrender before learned Magistrate and seek bail but he is apprehensive of a remand. He has requested for 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 counsel for petitioner and the learned Public Prosecutor. CRL.M.C. No.962 of 2011 -: 2 :- 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction as prayed for could be issued to the learned Magistrate. It is for the learned Magistrate to consider the application and pass appropriate orders without delay having regard to the facts of the case. Having regard to the circumstances stated I am inclined to grant some time to the petitioner to surrender before the learned Magistrate and seek bail. Resultantly this Criminal Miscellaneous Case is disposed of in the following lines: (i) Petitioner is granted two weeks' time from this day to surrender before the learned Magistrate and seek regular bail. (ii) If any application for bail is filed learned Magistrate shall consider the same and pass appropriate orders on that application as early as possible. (iii) The non-bailable warrant issued to CRL.M.C. No.962 of 2011 -: 3 :- the petitioner will stand in abeyance for a period of two weeks from this day or till petitioner appears before the learned Magistrate, whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv