IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 654 of 2011() ------------------------ CC.361/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... (CRIME NO.208/2000 OF RANNI POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- PHILIP THOMAS, AGED 58 YEARS, S/O.THOMAS, JEERAKATHINAL VEETIL, BOUNDARY, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.V.SETHUNATH, SRI.PRAKASH KESAVAN. RESPONDENT(S): COMPLAINANT / STATE: ---------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, RANNI POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.654 of 2011 ==================================== Dated this the 09th day of March, 2011 O R D E R Petitioner is accused in Crime No.208 of 2000 of Ranni Police Station and C.C. No.361 of 2004 of the court of learned Judicial First Class Magistrate-I, Ranni for offences punishable under Sections 323 and 347 read with Section 34 of the Indian Penal Code. Grievance of petitioner is that on account of chronic liver disease he could not appear in court and hence learned Magistrate cancelled the bail. It is prayed in this petition that learned Magistrate may be directed to grant bail to the petitioner on the day he surrenders. 2. In the light of the decision of this Court in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction could be issued. But learned Magistrate has to take into account the circumstances in which petitioner could not appear in court including the fact that as he pleads he is a chronic liver patient. In the circumstances learned Magistrate is directed to consider the application for bail that may be presented by petitioner as early as possible and pass appropriate orders thereon having regard to the CRL.M.C. No.654 of 2011 -: 2 :- circumstances stated above and the fact that it may not be necessary to detain the petitioner since the final report is already filed and cognizance has been taken. Warrant if any issued to the petitioner will stand in abeyance for two weeks from this day or till petitioner surrenders in the court whichever is earlier. Criminal Miscellaneous Case is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv