IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1794 of 2010() ------------------------------------- CRIME NO.148/2010 OF MARARIKULAM POLICE STATION, ALAPPUZHA. ..................... PETITIONERS/ACCUSED: ------------------------------------- 1. ABHILASH, AGED 23 YEARS, S/O.ASOKAN, 476/11/720, KILIKKATTU VELI, WARD XIV, MARARIKULAM NORTH PANCHAYATH, CHERTHALA. 2. MANU M.U. @ MANOJ, AGED 21 YEARS, S/O.LATE UMADEVI, MADATHANIVELY, WARD XIV, MARARIKULAM NORTH PANCHAYATH, CHERTHALA. 3. JAYAKUMAR. T.C, AGED 32 YEARS, S/O.CHELLAPAN, THOPPUVELY, WARD XIV, MARARIKULAM NORTH PANCHAYATH, CHERTHALA. 4. VIMAL ROY, AGED 24 YEARS, S/O.PONNAMMA, VADAKKEPUTHENTHARA, WARD XIV, MARARIKULAM NORTH PANCHAYATH, CHERTHALA. BY ADV. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SRI.T.K.SUJITH, SRI.K.VIDYA. RESPONDENT(S): -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SI OF POLICE, MARARIKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1794 of 2010 -------------------------------------- Dated this the 31st day of May, 2010 ORDER In this petition filed under Section 482 of the Code of Criminal Procedure the petitioners, four in number, who claim to be the accused in Crime No.148/2010 of Mararikulam Police Station registered for offence punishable under Sections 143, 147, 148, 332, 324 and 294 (b) read with Section 149 of the I.P.C. and Section 3(2)(e) of the PDPP Act seek a direction to the Judicial Magistrate of the First Class Court-I, Alappuzha to consider Annexure-2 bail application and pass appropriate orders on the same date. According to the petitioners the Magistrate did not entertain their bail application on the ground that no report has been filed before the learned Magistrate showing that the petitioners are accused in the case. 2. The learned public prosecutor on instructions submitted that on 21/4/2010 a report has been submitted by the Investigating Officer before the learned Magistrate to the effect that petitioners 1 to 4 herein are accused Nos.3, 7, 6 and 9 respectively. A perusal of Annexure -I order dated Crl.M.C.No.1794/2010 : 2 : 24/4/2010 passed by the Sessions Judge, Alappuzha in Crl.M.P.No.1155/2010 also shows that the case diary revealed the involvement of the petitioners in the above crime. If so, the Magistrate was not justified in returning Annexure-2 bail application. Accordingly this Criminal M.C. is disposed of directing the Magistrate either to receive Annexure-2 Bail Application on file and dispose of the same in case the same is re-filed, or to permit the petitioners to file a fresh bail application and the Magistrate shall consider and dispose of the same preferably on the same date on which it is either filed or re-filed. V.RAMKUMAR, JUDGE skj