IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Crl.MC.No. 1439 of 2011() ------------------------------------ C.C. A238/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KASARAGOD. CRIME NO.245/2008 OF THE BADIADUKA POLICE STATION. ......... PETITIONER(S): ACCUSED -------------------------------------- M.M.IBRAHIM, S/O.MAHINKUNHI HAJI, MANTAMA HOUSE, ARYAPADY.P.O., PERADALA, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BADIADUKA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. ------------------------------------- Crl. M.C No. 1439 of 2011 -------------------------------------- DATED THIS THE 20th DAY OF MAY 2011 O R D E R This is a petition filed by one of the accused in CC No.1238/2010 on the file of Judicial First Class Magistrate Court, Kasargod to consider his bail application if any filed by him on the date of surrender itself. 2. Petitioner is one of the accused in CC No.1238/2010 of Judicial First Class Magistrate, Kasargod. The allegation against the petitioner is that on December 20, 2008 he along with other accused persons formed themselves unlawful assembly armed with dangerous weapons committed rioting and beat the defacto complainant with sticks and thereby committed offences punishable under Sections 143, 147, 323, 324 and 427 read with Section 149 of the IPC. Now the final report has already been submitted before the Magistrate and warrant is pending against him. It is alleged in the petition that the petitioner apprehends that if he surrenders he will be remanded to jail. Therefore, the petitioner prays that the Crl. M.C No.1439/2011 -2- Magistrate may be directed to consider his bail application that would be filed by him on the date of surrender itself. 3. Notice given to the Public Prosecutor. He has no objection in allowing the petition. Hence petition is allowed. 4. Therefore, the Judicial First Class Magistrate, Kasargod is directed to consider the bail application if any, of the petitioner, if he surrenders before the Magistrate on the date of surrender itself and pass appropriate orders. He shall surrender before the Magistrate on or before 30th May 2011. Crl.M.C. is allowed as found above. P.Q. BARKATH ALI, JUDGE AMG