IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Crl.MC.No. 3938 of 2011() ------------------------- CP.128/2010 of JUDL.FIRST CLASS MAGISTRATE COURT,PATHANAMTHITTA .................... PETITIONER(S): ACCUSED: ----------------------------------------- M.R.RAJAN @ BANDARI, S/O.RAJAN, CHOTHIPURAM PURAYIDATHIL VEEDU, THAKKATTUSSERRIL, KAIPPATTOOR. BY ADVS. SRI.K.MADHUSOODHANAN NAIR, SRI.S.MOHANA KUMARAN NAIR. RESPONDENT(S): STATE : ---------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3938 of 2011 ---------------------------------------------------- Dated this the 18th day of November, 2011 Order The petitioner is the accused in CC No.128 of 2010 which is now pending before the JFCM Court, Pathanamthitta. The offence alleged against him is under Section 8 (2) of the Kerala Abkari Act. He was once granted bail. It is stated that after getting bail, he went abroad seeking employment. So he could not appear before the learned Magistrate earlier. Hence NBW was issued against him. This Crl.M.C. is filed by the petitioner with a request that the learned Magistrate may be directed to grant the petitioner bail on the same day when he surrenders. 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). But at the same time the petitioner can convince the learned Magistrate as to the reason for his absence and that his absence is not wilful. In paragraph 2 of the petition, the petitioner undertakes that he will not abscond during the entire period of trial. Considering all these aspects, the learned Magistrate will Crl.M.C.3938/2011 2 dispose of the bail application as expeditiously as possible. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3938/2011 3