IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 CRL.MC.NO. 835 OF 2011() --------------------------------------- AGAINST THE ORDER IN LP.34/2009 & CC.384/2001 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ----------------------- 1. SHOBAKUMAR ,AGED 42 YEARS, S/O.GOPINATHAN NAIR, NALANDA HOUSE,MARAPPULAM, THIRUVANANTHAPURAM. 2. SREELAL, AGED 45 YEARS, S/O.DEVARAJAN, VASANTHA NIVAS, VILAVOORKAL VILLAGE, NEAR MALAYAM JN THIRUVANANTHAPURAM. BY ADV. SMT.T.SUJA RESPONDENT(S): ------------------------- KERALA STATE REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOAHMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.835 of 2011 ==================================== Dated this the 16th day of March, 2011 O R D E R Petitioners are accused in C.C. No.384 of 2001 and L.P. No.34 of 2009 of the court of learned Additional Chief Judicial Magistrate, Thiruvananthapuram for offence punishable under Section 420 read with Section 34 of the Indian Penal Code. Petitioners say that they are ready to surrender before learned Additional Chief Judicial Magistrate but are apprehensive of a remand and hence seek a direction to release them on bail on the day they surrender. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction could be issued to the learned Additional Chief Judicial Magistrate since it is within the discretionary jurisdiction of that court to decide whether request for bail should be granted or not. However to facilitate petitioners surrender before the learned Additional Chief Judicial Magistrate I am inclined to keep the non-bailable warrant issued to them in abeyance for some time. CRL.M.C. No.835 of 2011 -: 2 :- Criminal Miscellaneous Case is disposed of directing that the non-bailable warrant issued to the petitioners will remain in abeyance for a period of three weeks from this day or till petitioners surrender before the learned Additional Chief Judicial Magistrate, Thiruvananthapuram whichever is earlier. If any application for bail is preferred by the petitioners on such surrender, learned Additional Chief Judicial Magistrate shall dispose of the application as provided under law, expeditiously. THOMAS P. JOSEPH, JUDGE. vsv