IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 CRL.MC.NO. 32 OF 2011() ------------------------------------- LP.92/2010 OF JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER(S): 2ND ACCUSED ---------------------------------------------- RAJEEV,S/O.VIJAYAN, NEDUVELIL KIZHAKKETHIL(H),PERISSERY,CHANGANNUR.PO, ALAPPUZHA-689624. BY ADV. SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.32 of 2011 ==================================== Dated this the 11th day of February, 2011 O R D E R Petitioner is accused in L.P. No.92 of 2010 of the court of learned Judicial First Class Magistrate-I, Chengannur for offences punishable under Sections 341 and 323 read with Section 34 of the Indian Penal Code. First accused involved in the case was tried and acquitted. Since petitioner was not available for trial case against him was split up, refiled as in C.C. No.347 of 2010 and included in the LP Register as L.P. No.92 of 2010. Petitioner states that he is ready to surrender before the learned Magistrate and seek bail but he is apprehensive of a remand. He requested for a direction to the learned Magistrate to release him on bail on the date of surrender itself. I have heard learned counsel for petitioner 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 as prayed for can be issued to the learned Magistrate. But having regard to the facts and circumstances stated by learned counsel I am inclined to direct that coercive steps taken against petitioner will stand in CRL. M.C. No.32 of 2011 -: 2 :- abeyance for a period of two weeks from the date notified for delivery of copy of this order or till petitioner appears before the learned Magistrate whichever is earlier. Resultantly this Criminal Miscellaneous Case is disposed of directing the learned Magistrate to keep in abeyance coercive steps taken against petitioner for a period of two weeks from the date notified for delivery of copy of this order or till petitioner appears before the learned Magistrate whichever is earlier. If petitioner files any application for bail learned Magistrate shall consider the same and pass appropriate orders as early as possible having regard to the fact and circumstances of the case. THOMAS P. JOSEPH, JUDGE. vsv