IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 4140 of 2011() ------------------------------------ CC.66/2009 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S)/ACCUSED :- ---------------------------------------- BABY,AGED 52 YEARS,S/O.KURIAKOSE, THATTETHUKUDIYIL HOUSE,KARUKAPILLY, KOLENCHERRY. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SRI.PAUL K.PETER RESPONDENT(S)/STATE :- --------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031. PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 4140 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of the order passed by the court of the Sessions Judge, Ernakulam in Criminal M.C.No.1937/2011 dated 28-11-2011. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4140 of 2011 ----------------------------------- Dated this the 3rd day of December 2011 O R D E R Petitioner is the accused in Crime No.92/2007 of Puthencruz Police Station. The offence alleged against him is under Sec.332 IPC. He is absconding and hence the case against him was transferred to the register of long pending cases. Annexure A order passed by the learned Sessions Judge shows that during 2009, he was arrested and produced before the court below but was later enlarged on bail. He again absconded and hence the proceedings were initiated under Secs.82 and 83 of Cr.P.C. 2. Learned counsel for the petitioner submits that petitioner is ready to surrender before the learned Magistrate. The request in this petition is to direct the learned Magistrate to grant bail to the petitioner on the same day when he surrenders. Such a request cannot be allowed in the light of the Division Bench decision in Martin v. State of Crl.M.C. No.4140 of 2011 -: 2 :- Kerala reported in [2004 (2) KLT 1037]. His application for anticipatory bail was rightly dismissed by the learned Sessions Judge. 3. Learned counsel for the petitioner submits that it was due to lack of communication that the petitioner could not appear before the court. Any way, it is for the petitioner to apprise the learned Magistrate of the reason for his absence. It appears that he has been absconding for nearly four years. Learned counsel submits that petitioner will surrender before the learned Magistrate within two weeks from today. The learned Magistrate will dispose of his bail application as expeditiously as possible. But it is made clear that no direction has been issued by this Court as to how the order should be passed. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt