IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 Crl.MC.No. 5031 of 2008() ------------------------- AGAINST THE ORDER IN CP. 113 /2007 IN LPC.171/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: 4TH ACCUSED -------------------------- SHOUKATH ALI, AGED 27 S/O.ABDUL RAHMAN, MATTUL NORTH KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE S.H.O. PAPZHAYANGADI. BY PUBLIC PROSECUTOR SHRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N.Ravindran, J. ===================== Crl.M.C.No.5031 of 2008 ===================== Dated this the 26th day of December, 2008. ORDER Heard both sides. The petitioner is the fourth accused in Crime No.65 of 2006 of the Pazhayangadi Police Station, now pending as L.P.C. No.171 of 2007 on the file of the Judicial First Class Magistrate Court, Payyannur. The petitioner who is residing abroad has in this Criminal M.C. prayed that the court below may be directed to consider his bail application on the day on which he surrenders and pass orders thereon on the very same day itself. Reliance is placed on the decision of this Court in Alice George v. Deputy Superintendent of Police - 2003(1) K.L.T. 339. 2. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In the facts and circumstances of the case, I am satisfied that the petitioner is entitled to the relief prayed for. There will accordingly be a direction to the Judicial First Class Magistrate Court, Payyannur to consider the application for regular bail submitted by the petitioner on the day on which he surrenders and pass orders thereon on the very same day. I make it clear that I have not expressed any opinion on the merits of the petitioner's contentions and Crl.M.C. No.5031/08 -: 2 :- that the court below will be free to consider and pass orders on the bail application on the merits. The Crl.M.C. is allowed as above. P.N.Ravindran, Judge. ess 26/12