IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 CRL.MC.NO. 1382 OF 2009() ------------------------------------- CC.795/2008 OF JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S) - ACCUSED: ------------------------------------ JAGAN BABU, S/O. RAJAN, DWARAKA HOUSE, TC 29/1655,CHEMBAKASSERY DESOM, PALKULANGARA VILLAGE, THIRUVANANTHAPURAM DIST, PRESENTLY RESIDING AT NAMBOOTHIRIMADAM, T.C. 6/276, NETAJI ROAD, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S) - COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MATTANCHERRY, THROUGH THE PUBLIG PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHIR P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. M.C. No.1382 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of April, 2009 O R D E R -------------- Heard learned counsel for petitioner and learned Public Prosecutor who took notice for the respondent. 2. Petitioner is the accused in C.C. No.795 of 2008 of the court of Judicial First Class Magistrate, Kochi involving offences punishable under Sections 465, 471 read with 34 IPC and Section 12(1) (b) of the Indian Passport Act. Petitioner states that he was granted bail but there was a change of residence which was duly intimated to the Investigating Officer. But thereafter no summons was served on him and now case against him is posted in the court below on 22.4.2009 for getting sanction for its inclusion in the L.P. register. He therefore wanted a direction to the learned Magistrate to release the petitioner on bail on the date of his surrender. 3. Assuming that there was change of residence, petitioner ought to have intimated that matter to the Investigating Officer which of course he claims he has done and remains to be decided. Even on the facts stated by the petitioner, no direction can be issued to the learned Magistrate to release the petitioner on bail. If any application for bail is preferred, learned Magistrate has to consider the same on CRL. M.C. No.1382 of 2009 -: 2 :- merits and pass appropriate orders. However petitioner is granted ten days' time from this day to surrender in the court concerned and seek regular bail. If any such application for bail is filed, learned Magistrate will consider the same on its merits and pass appropriate orders as expeditiously as possible. lt is directed that during the said period of ten days petitioner shall not go beyond the State of Kerala. Crl.M.C. is closed as above. Hand over. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== S.A. NO. OF 2001 =================== J U D G M E N T APRIL, 2009