IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Crl.MC.No. 1666 of 2011() ---------------------- CRIME NO. 642/2010 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT ........................... PETITIONER / ACCUSED : -------------------------------------- M.K. MOOSAN @ MOOSANKUTTY, S/O. LATE IBRAHIM AYITTY, CLAMBACHI.P.O, SOUTH THRIKKARIPUR VILLAGE, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. THE S.H.O., CHANDERA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1666 of 2011 ==================================== Dated this the 08th day of June, 2011 O R D E R Public Prosecutor takes notice for the respondents. 2. Petitioner is accused Crime No.644 of 2010 of Chandera Police Station and C.C. No.99 of 2011 of the court of learned Judicial First Class Magistrate-I, Hosdurg for offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 294(b) read with Section 149 of the Indian Penal Code. Since petitioner was not available, the Investigating Officer filed final report showing petitioner as absconding. Learned counsel submits that a non-bailable warrant is pending against petitioner and that petitioner is ready to appear before learned Magistrate but is apprehensive of a remand. I have heard learned counsel for petitioner and the learned Public Prosecutor. Having regard to the circumstances stated I am inclined to grant some time to the petitioner to appear before learned Magistrate and seek regular bail/recall warrant. Resultantly, Criminal Miscellaneous Case is allowed in the following lines: CRL.M.C. No.1666 of 2011 -: 2 :- (i) Petitioner is granted time till 30.06.2011 to appear before the learned Magistrate and seek bail/recall warrant. (ii) Warrant of arrest issued to the petitioner will stand in abeyance till 30.06.2011 or till petitioner appears before the learned Magistrate, whichever is earlier. (iii) Application for bail/recall warrant if any preferred by the petitioner shall be disposed of as early as possible. THOMAS P. JOSEPH, JUDGE. vsv