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. 1573 of 2010() ------------------------- CP.89/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER/ACCUSED: ------------------------------ 1. PURUSHOTHAMAN, AGED 39/09, S/O. APPU VAIDYAR, THALIPADUPPEE, KASABA VILLAGE, KASARAGOD. 2. RAJAN @ RAJENDRAN, AGED 39/09, S/O. APPU VAIDYAR, R/AT DWARAKA NAGAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/ COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, KASARAGOD EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: SMT 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.1573 of 2010 --------------------------------------- Dated this 30th day of April, 2010 ORDER Petitioners are accused Nos.1 and 2 in Crime No.3 of 2009 of Kasaragod Excise Range pending consideration before learned Judicial First Class Magistrate, Kasaragod as C.P.No.89 of 2010. According to the petitioners they were not aware of the pendancy of the case and were not even arrested. Now it is learned that proceedings are pending against them in C.P.No.89 of 2010. The prayer is to direct the learned Judicial First Class Magistrate, Kasaragod to dispose of the petition for bail that may be preferred by the petitioner on the date of its presentation itself. 2. I have heard learned counsel for petitioners and the learned Public Prosecutor. In the light of the decision in Martin Vs. State of Kerala (2004(2) KLT 1037) request of the petitioners to direct the court below to dispose of the petition for bail on the very same day it is filed, cannot be allowed. But having regard to the circumstances stated by learned counsel, I direct that court to dispose of the petition if preferred, as expeditiously as possible. With the above direction the petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-