IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 Crl.MC.No. 1663 of 2010() ------------------------- CC.170/2010 OF J.F.C.M, KOTHAMANGALAM CRIME NO.72/2008 OF KOTTAPPADY POLICE STATION .................... PETITIONER : ACCUSED ---------------------- SHIYAS., AGED 32 YEARS, S/O. MEETHEEN, KAPPELIL HOUSE, CHIRAPPDY, NELLIKKUZHY KARA, ERAMALLOOR VILLAGE. BY ADV. SRI.K.SUNILKUMAR RESPONDENT : COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J ------------------- Crl.M.C No.1663 of 2010 -------------------- Dated this the 13th day of May, 2010 O R D E R Petition under Section 482 of the Criminal Procedure Code with the following prayer: “It is therefore most humbly prayed that this Hon'ble Court may be pleased to direct the Judicial First Class Magistrate Court, Kothamangalam to consider the bail application which would be filed by the petitioner in C.C.No.170/2010 pending before the aforesaid Court and pass orders thereon on the date of his surrender itself in the light of the dictum laid down by this Honourable Court in Biju Vs. State of Kerala reported in 2007 (2) KLT 280 and taking into account that charge sheet in the above case was already filed and the petitioner was earlier granted bail.” 2. The petition is disposed of directing the petitioner to surrender before the Judicial Magistrate of the First Class, Kothamangalam, and to file an application for bail, which shall be disposed of by the learned Magistrate on the same day itself on merits and in accordance with law. (P.S.GOPINATHAN, JUDGE) rtr/