IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.MC.No. 3822 of 2011() ------------------------- CP.32/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): 4TH ACCUSED -------------------------- ARSHAD, S/O.MUHAMMED HANEEFA, THADATHARIKATHU VEEDU, MAHADEVARKUNNU, VALAVUPACHA, CHITHARA, KOLLAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT/COMPLAINANT --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.MR.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX(CRL.M.C.3822 OF 2011) PETITIONER'S ANNEXURES: ANNEXURE-I: TRUE COPY OF THE ORDER DATED 2.11.2010 IN B.A.NO.6904/2011 OF THIS HONOURABLE COURT. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3822 of 2011 ---------------------------------------------------- Dated this the 14th day of November, 2011 Order The petitioner is the 4th accused in Crime No.514 of 2007 of Kadakkal Police Station which is now stated to be pending before JFCM Court-II, Kottarakkara for committal of the case to the Court of Session as C.P.No.32 of 2011. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323, 324 and 308 r/w 149 IPC. The learned counsel for the petitioner submits that the aforesaid case is now pending for committal and only because this accused was abroad, he could not appear before the learned Magistrate and once he appeared, the entire case is likely to be settled. The request in this petition is that when the accused surrenders before the learned Magistrate, the learned Magistrate may be directed to dispose of the bail application on the same day. Such a direction cannot be issued in view of the Division Bench decision of this court in Martin v. State of Kerala (2004(2) KLT 1037). The learned counsel for the petitioner submits that the petitioner is ready to surrender Crl.M.C.3822/11 2 before the learned Magistrate within a week. When he surrenders, the petitioner can explain the circumstances under which he could not appear before the learned Magistrate earlier and after taking note of all those aspects, the learned Magistrate will dispose of his bail application as expeditiously as possible. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3822/11 3