IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Crl.MC.No. 1542 of 2010() ------------------------- C.P.No.1/2009 IN CASE No.R.C.5(S)/2007/CBI/SCB/CHENNAI ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE AT ERNAKULAM. PETITIONER/ACCUSED: ---------------------- A.M.MOHAMMED @ F.MOHAMED, S/O.P.B.ABDULLA,SAFINA MANZIL,MUTTATHODY(P.O) CHENGALA VILLAGE,KASARAGOD,KERALA. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT -------------------------- CBI/SCB/CHENNAI, REP.BY ITS SANDING COUNCEL,HIGH COURT OF KERALA, ERNAKULAM ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. PUBLIC PROSECUTOR: SRI K MEERA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1542 of 2010 --------------------------------------- Dated this 30th day of April, 2010 ORDER Petitioner is accused No.4 in C.P.No.1 of 2009 in Case No.R.C.5(s)/2007/CBI/SCB of the court of Chief Judicial Magistrate, Ernakulam for offence punishable under section 203 of the IPC. He was granted bail subject to conditions but, could not appear in court on 08-03-2010, according to him on account of traffic jam and hence his bail was canceled and NBW was issued against him. Now the prayer in the petition is to direct the learned Chief Judicial Magistrate to consider the bail application if preferred by the petitioner before that court and dispose of the same on the same day it is filed and a further direction to the police not to arrest petitioner till he surrendered in the court. Learned counsel for petitioner submits that there was non appearance in the court only for one day for which the bail was canceled. 2. I have heard learned Special Public Prosecutor also in the matter. In the light of the decision of this court in Martin Vs. State of Kerala (2004(2) KLT 1037) no direction can be issued to the courts below to dispose of the application for bail on the same day it is filed. Hence, that request of petitioner cannot be Crl.M.C.No.1542 of 2010 : 2 : entertained. However I direct that learned Chief Judicial Magistrate shall dispose of the bail application if filed, as expeditiously as possible. The petition is disposed of in the above lines. (THOMAS P JOSEPH, JUDGE) Sbna/-