IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Crl.MC.No. 1373 of 2011() ------------------------- CC.27/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER/ACCUSED NO.2:- ----------------------------------------- JAMES, S/O.MATHAI, MOOZHIKKACHALIL HOUSE, PIRALIMATTAM DESOM, MANJALLOOR VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/STATE:- ------------------------------ STATE OF KERALA, REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. = = = = = = = = = = = = = Crl.M.C.No.1373 of 2011. = = = = = = = = = = = = = Dated this the 10th May, 2011. O R D E R This is a petition filed under Section 482 of Crl.PC by accused No.2 in Crime No.220/2001 of Thrithala Police Station which is now pending as CC.No.27/2006 on the file of the Judicial Magistrate of the First Class, Pattambi seeking a direction to the learned Magistrate to dispose of his application for bail, if he surrenders before the Magistrate on the date of surrender itself. 2. It is alleged in the petition that, since the petitioner suffered a major heart attack and underwent surgery in September, 2009, he was not able to appear before the learned Magistrate during September, 2009 and therefore, the learned Magistrate issued non-bailable warrant against the petitioner. The apprehension of the petitioner is that if he surrenders before the Magistrate Court he will be remanded. Therefore, he prays that the learned Magistrate Crl.M.C.No.1373 of 2011. 2 may be directed to dispose of the bail application to be filed by him on the same day of his surrender, if he surrenders before the lower court. 3. Notice given to the Public Prosecutor. He has no objection in granting the above prayer of the petitioner. Hence this petition is allowed. The petitioner shall surrender before the lower court on or before 24.5.2011. On such surrender, the learned Magistrate shall consider and dispose of his bail application, if any, filed on the date of his surrender itself. Till then the warrant issued against him shall be kept in abeyance. The Crl.M.C. is disposed of as above. P.Q.BARKATH ALI, (Judge) Kvs/-