IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Crl.MC.No. 3988 of 2011 ---------------------------------- [LP.NO.78/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, HARIPAD, CRIME NO.74/2007 OF HARIPPAD POLICE STATION] .................... PETITIONER/ACCUSED 4: ------------------------------------- HARIKUMAR, S/O.HARIDAS, KATTIL HOUSE, THAMALLACKAL THEKKUMURI, KUMARAPURAM VILLAGE, HARIPPAD. BY ADV. SRI.R.BINDU (SASTHAMANGALAM). RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3988/2011: APPENDIX PETITIONER'S ANNEXURE:- ANNEXURE I: COPY OF THE FINAL REPORT DTD. 10/08/2007 FILED BY THE HARIPPAD POLICE. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3988 of 2011 ----------------------------------- Dated this the 22nd day of November 2011 O R D E R Petitioner is the 4th accused in Crime No.74/2007 of Harippad Police Station. The offences alleged against him are under Secs.341 and 308 r/w 34 IPC. A1 to A3 faced trial. It is submitted that all of them were convicted by the trial court. The petitioner contends that he could not appear in court earlier as he had left his native place in search of a job and was in Pune. Now he wants to surrender before the learned Magistrate. 2. The request/prayer in this petition is that the learned Magistrate may be directed to enlarge the petitioner on bail in the event the petitioner surrenders before that court. This is not a petition for bail. No such direction can be issued in the light of the Division Bench decision in Martin v. State of Kerala reported in [2004 (2) KLT 1037]. It is for the petitioner to apprise the learned Crl.M.C. No.3988 of 2011 -: 2 :- Magistrate of the reasons for his non appearance before the trial court. If the petitioner surrenders before the court, his application shall be disposed of as expeditiously as possible. But it is made clear that no direction is issued as to how the bail application is to be disposed of. N.K.BALAKRISHNAN, JUDGE. Jvt