IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Crl.MC.No. 234 of 2010() ------------------------ CP.312/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): ACCUSED ------------------------------------- RAJAPPAN, S/O. NEELAKANTAN, PARAKKATTU VEETTIL, KOTTACKUPURAM MURIYIL, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): COMPLAINANT AND STATE ---------------------------------------------------------------- 1. THE SUB-INSPECTOR OF POLICE, POLICE STATION, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 234 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010. ORDER Petitioner is an accused in C.P.312 of 2009 on the file of the Judicial First Class Magistrate, Karunagappally for having committed offences punishable under Sections 55(a) and (i) of the Abkari Act. It appears that the petitioner did not appear before the court below pursuant to the summons issued and warrant has been issued against him. 2. The petitioner would say that he had not received the summons and he was not aware of the pendency of the case against him. The petitioner submits that if he surrenders before the Magistrate and moves an application for bail, the court may not consider the application on the same day itself. 3. There appears to be no justification for the above apprehension, because the learned Magistrate will be fully aware of the legal provisions and the various decisions of this Crl.M.C.234/2010. 2 court on this matter. However, there will be a direction that if the petitioner surrenders before the Magistrate, and moves an application for bail, the Magistrate will consider the same in accordance with law. The Crl.M.C. is disposed of as above. P. BHAVADASAN, JUDGE sb.