IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Crl.MC.No. 162 of 2010(E) ------------------------------------ CC.NO.1147/2003 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KOTTAYAM. .................... PETITIONER: ------------------- KURIAKOSE GEORGE, PARACKAL HOUSE, NEAR PAMPADY MINI INDUSTRIAL ESTATE, ALAMPALLY BHAGOM, PAMPADY VILLAGE, KOTTAYAM. BY ADVS. MR.RAJEEV V.KURUP, MR.ALEX.M.SCARIA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, THROUGH S.I.OF POLICE, PAMPADY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. XAVIER @ PONNAN, S/O.PETER, ATTIPPETTIL HOUSE, PALLURUTHI, KUMBALANGI VILLAGE, KOCHI TALUK, ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR. NAZAR.S.U. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C .No. 162 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 8th day of February, 2010 O R D E R This is a petition filed under section 482 of the Code of Criminal Procedure for seeking to have Annexures-1 and 2 quashed. 2. Petitioner is an accused in C.C.No.1147 of 2003 on the file of the Judicial First Class Magistrate-I, Kottayam for having committed offences punishable under sections 420, 468, 469 and 471 IPC. The allegation against the petitioner is that on 29-10-2001 he had availed a vehicle loan of Rs.1,25,000/- from the Lalith Finance Co. Ltd., Chennai through the financier, collected the R.C.book from the financier and, thereafter, he had defaulted the payment. On the basis of the complaint filed, crime was registered as Crime No.105 of 2003 of Pampady Police Station. After investigation, final report was filed, based on which learned Magistrate has taken cognizance. It appears that the petitioner did not appear before the court below pursuant to Crl.M.C. 162/2010 2 the summons issued and he did not participate in further proceedings and the case was included in the Long Pending Register. 3. When the matter was taken up for hearing, the only prayer is that in case the petitioner surrenders before the court below and moves an application for bail, that would be considered on the very same day itself. 4. In the circumstances, this petition is disposed of directing the Judicial First Class Magistrate-I, Kottayam to hear and dispose of the bail application to be filed by the petitioner on his surrender before the learned Magistrate , on the very same day, if possible, after service notice to the learned Public Prosecutor. The Crl.M.C. is disposed of as above. P.BHAVADASAN, JUDGE. mn.