IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Crl.MC.No. 628 of 2011() ------------------------------------ C.C.NO.91/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): ACCUSED ---------------------------------------- ABDUL RAHMAN, S/O.NOOHU KANNU, RESIDING AT R.S.MANZIL, PULIMOODU, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJU RESPONDENT(S): COMPLAINANT ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN-682 031. 2. SUB INSPECTOR OF POLICE, POOYAPPALLI POLICE STATION, POOYAPPALLI, KOLLAM DISTRICT. PIN-691 537. R1 & R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.628 of 2011 -------------------------------------- Dated this the 1st day of March, 2011. ORDER Petitioner is accused in C.C.No.91 of 2003 and L.P.No.28 of 2006 of the court of learned Judicial First Class Magistrate-II, Kottarakkara for offence punishable under Section 420 of the Indian Penal Code. Petitioner seeks a direction to the learned Magistrate to consider the application for bail he intends to present before the learned Magistrate 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 of the Division Bench of this Court in Martin v. State of Kerala (2004 (2) KLT 1037) no such direction could be issued. However learned Magistrate is directed to dispose of the application for bail if presented by petitioner as early as possible having regard to the facts and circumstances of the case. Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks