IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Crl.MC.No. 3271 of 2011 -------------------------------- CC.251/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER/1ST ACCUSED: -------------------------- MANOJ, AGED 33 YEARS, SON OF RAVEENDRAN, RAVEENDRA VILASOM, VETTIKKAVALA VILLAGE, KANNAN KODUMURI, KOLLAM DISTRICT. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.ASISH K.JOHN RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3271 of 2011 ------------------------------------------- Dated this the 27th day of September, 2011 ORDER Petitioner was the first accused in C.C.No.251/2005 of Judicial First Class Magistrate Court-II, Thamarassery. The offence alleged against him is under Section 380 read with Section 34 of Indian Penal Code. Since petitioner/accused was absconding, warrants were issued against him. Later, proceedings were initiated under Sections 82 and 83 of Code of Criminal Procedure. Thereafter the case was transferred to the register of long pending cases and it is now pending as L.P.No. 15/2006. Petitioner/accused did not surrender before the learned Magistrate so far. This petition is filed for a direction to the learned Magistrate to consider the bail application and pass orders on the same day. 2. This is not an application for anticipatory bail under Section 438 of Code of Criminal Procedure. Petitioner seems to be a person belonging to Kollam. That apart, petitioner/accused was absconding for several years. No direction as such can be issued to the learned Magistrate to consider the bail application CRMC 3271/2011 2 or to grant bail on the same day, in the light of the Division Bench decision in Martin v. State of Kerala (2004 (2) KLT 1037). This Court cannot fetter the discretion of the learned Magistrate as to how he should exercise his jurisdiction in a particular case. However, learned Magistrate will dispose of the bail application, if any, filed as expeditiously as possible. This petition is disposed of as above. (N.K.Balakrishnan, Judge) tkv