IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 CRL.MC.NO. 474 OF 2011() -------------------------------------- CC.1329/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): --------------------- MAHAJ, S/O.MANOHARAN, AGED 30 YEARS, KALLARIPARAMBIL HOUSE, ELAVALLY NORTH PO, THRISSUR DISTRICT PIN 680 511. BY ADV. SRI.T.A.SHAIN RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE,PAVARATTY POLICE PAVARATTY POLICE STATION, CHAWAKKAD TALUK THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.474 of 2011 ==================================== Dated this the 17th day of February, 2011 O R D E R Petitioner is accused in C.C. No.1329 of 2007 of the court of leaned Judicial First Class Magistrate, Chavakkad for offences punishable under Sections 143, 147, 34, 323 and 326 read with Section 34 of the Indian Penal Code. Annexure-A1, is the FIR and Annexure-A2 is the final report. Petitioner was granted bail but it was later cancelled and a non-bailable warrant was issued. Petitioner states that he was in South Africa in connection with his employment and could not appear in court. He seeks a direction to the learned Magistrate to release him on bail on the day he surrenders and filed application for bail. I have heard learned Public Prosecutor also. 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1036) no direction as prayed for could be issued to the learned Magistrate. It is for the learned Magistrate to consider the application and pass appropriate orders having regard to the facts of the case. CRL.M.C. No.474 of 2011 -: 2 :- 3. Learned counsel submitted that NBW is pending against petitioner. Having regard to the facts and circumstances I am inclined to keep the NBW in abeyance for some time. Resultantly, this Criminal Miscellaneous Case is disposed of directing that the NBW issued to the petitioner will stand in abeyance for a period of three weeks from this day or till petitioners appears before the learned Magistrate whichever is earlier. If petitioner files any application for bail learned Magistrate shall consider the same and pass orders as early as possible having regard to the facts and circumstances and contentions of petitioner. THOMAS P. JOSEPH, JUDGE. vsv