IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.MC.No. 3479 of 2011() ------------------------------------- CP.44/2011 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PATTAMBI. CRIME NO.165/2009 OF THRITHALA POLICE STATION, PALAKKAD DIST. .................... PETITIONER/1ST ACCUSED: ----------------------------------------- HARSHAD, S/O.KUNCHUMARAKKAR, AGED 23 YEARS, MUNDANVALAPPIL HOUSE, ANAKKARA AMSOM AND MANAMAKAVU DESOM, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN (PALAKKAD) RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.M. SANEER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3479 of 2011 ----------------------------------- Dated this the 13th day of October 2011 O R D E R Petitioner is the first accused in C.P.No.44/2011 of J.F.C.M., Pattambi (Crime No.165/2009 of Thrithala Police Station). The offences alleged against him and other accused are under Secs.341, 326, 308 and 120(B) r/w 34 IPC. He was not arrested during the crime stage nor did he appear before the police during investigation. He now contends that the summons has been issued to him to appear before the committal court. He apprehends that he is likely to be remanded to judicial custody. There was no reason why the petitioner did not move for anticipatory bail or for regular bail before the appropriate court. Now the request is that this Court should direct the learned Magistrate to release the petitioner on bail. Such a request cannot be entertained in a petition filed under Sec.482 of Crl.M.C. No.3479 of 2011 -: 2 :- Cr.P.C., since the petitioner has not resorted to the remedy provided under the Act. Hence, this Crl.M.C. is dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt