IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 Crl.MC.No. 1463 of 2011() ------------------------- AGAINST THE ORDER IN LP 6/2010 IN CP.27/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM CRIME NO.132/2008 OF MAVOOR POLICESTATION .................... PETITIONER(S)/ACCUSED: --------------- ABDULLA S/O.MOOSAKUTTY, MAIPATH HOUSE, CHERUPPA, MAVOOR, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S)/STATE: --------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MAVOOR POLICESTATION, - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31. BY PUBLIC PROSECUTOR SHRI MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1463 of 2011 -------------------------------------- Dated this the 23rd day of May, 2011. ORDER Petitioner is accused in C.P.No.27 of 2009 and L.P.No.6 of 2010 of the court of learned Judicial First Class Magistrate, Kunnamangalam for offences punishable under Section 3(1) of the Prevention of Damage to Public Property Act, 1984 and Section 308 of the Indian Penal Code. That final report arises from Crime No.132 of 2008 of Mavoor Police Station. Petitioner states that he was arrested and later released on bail. In connection with employment he was abroad and there was non-appearance in court. He had no notice of the final report. Thus the case happened to be included in the Long Pending Register. Petitioner is prepared to surrender before the learned Magistrate and seek regular bail but, he is apprehensive of a remand. Hence this petition to recall the non-bailable warrant issued to the petitioner and enlarge him on bail on his surrender before the learned Magistrate. 2. In the light of the decision of the Supreme Court in TGN Kumar v. State of Kerala and others (2011 (1) KHC 142) , it is not proper for this Court to issue any such direction. It is for the learned Magistrate to consider whether the warrant of arrest issued to the petitioner is to be recalled or not having regard to the factual situation emerging in the case. Nor could a direction for disposal of the application for bail preferred by the petitioner on the date of surrender itself could be issued in view of the decision in Martin v. State of Crl.MC No.1463/2011 2 Kerala (2004(2) KLT 1037). But, having regard to the circumstances stated by the learned counsel I am inclined to direct that the non-bailable warrant issued to the petitioner will stand in abeyance as stated hereunder. Resultantly this Criminal Miscellaneous Case is disposed of directing that the warrant of arrest issued to the petitioner in L.P.No.6 of 2010 (C.P.No.27 of 2009) of the court of learned Judicial First Class Magistrate, Kunnamangalam arising from Crime No.132 of 2008 will stand in abeyance for a period of three weeks from this day or till petitioner appears before the learned Magistrate, whichever is earlier on condition that petitioner shall not, during the said period go beyond the State of Kerala. If any application for bail is preferred by petitioner learned Magistrate shall dispose of the same as early as possible and as provided under law. THOMAS P.JOSEPH, Judge. cks