IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Crl.MC.No. 1964 of 2010() ------------------------- (CRIME NO.646/2010 OF PATHANAMTHITTA POLICE STATION) PETITIONER: 1ST ACCUSED -------------------------- GEORGE KUTTY, AGED 45, CHENTHIYATHU VEEDU, NANNUVAKKADU, PATHANAMTHITTA VILLAGE AND DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE S.I. OF POLICE, PATHANAMTHITTA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R3 SHAJI.P. GEORGE, AGED 54 YEARS, S/O.T.M.GEORGE, PANNAMOOTTIL HOUSE, CHEEKANAL MURI, OMALLOOR VILLAGE, KOZHENCHERRY THALUK, PATHANAMTHITTA. (ADDL.R3 IMPLEADED AS PER ORDER DATED 9/6/2010 IN CRL.M.A.No.3299/2010) PUBLIC PROSECUTOR SHRI.S.U.NAZAR SRI.AJITH MURALI FOR ADDL.R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1964 of 2010 -------------------------------------- Dated this the 9th day of June, 2010 ORDER The petitioner who is the first accused in Crime No.646/2010 of Pathanamthitta Police Station for offences punishable under Sections 143, 144, 147, 148, 452, 326, 324, 323, 427 & 354 read with Section 149 I.P.C. seeks a direction to the Chief Judicial Magistrate, Pathanamthitta to consider and dispose of his bail application on the date of his surrender. 2. The de facto complainant entered appearance and submitted that anticipatory bail application was once rejected by this Court and he has again applied for anticipatory bail. Since the limited prayer of the petitioner is to consider his bail application on the date of surrender, I see no reason why the said prayer cannot be granted. Accordingly Crl.M.C.No.1964/2010 is disposed of permitting the petitioner to surrender before the Chief Judicial magistrate, Pathanamthitta and apply for regular bail. In case if he files an application for regular bail within ten days from today the same shall be considered and disposed of on merits preferably Crl.M.C.No.1964/2010 : 2 : on the day on which it is filed. It is made clear that it shall be the duty of the CJM to consider the records of the case and decide whether the petitioner is to be enlarged on bail or not. V.RAMKUMAR, JUDGE skj