IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 3744 of 2011 ---------------------------------- [C.C.NO.89/2010 OF THE CHIEF CHIEF JUDICIALMAGISTRATE COURT, PATHANAMTHITTA] ............. PETITIONER/ IST ACCUSED: ----------------------------------------- ANEESH ABDUL KHADER, S/O.ABDUL KHADER, AGED 36, ASHRAF MANZIL, VETTIPURAM, PATHANAMTHITTA. BY ADV. SRI.K.R.SUNIL. RESPONDENT: ---------------------- THE S.I. OF POLICE, PATHANAMTHITTA POLICE STATION - 687 117, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3744/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: THE TRUE COPY OF THE RELEVANT PAGES IN THE VISA/ IMMIGRATION PAPER. ANNEXURE A2: THE TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE RESPONDENT BEFORE THE HON'BLE C.J.M COURT, PATHANAMTHITTA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3744 of 2011 ---------------------------------------------------- Dated this the 3rd day of November, 2011 Order The petitioner is the first accused in CC No.89 of 2010 on the file of C.J.M.Court, Pathanamthitta. The offence alleged against him is under Section 498A read with 34 IPC. The learned counsel for the petitioner submits that the petitioner's father, mother and elder brother who were already arrayed as accused had appeared before the court and they were granted bail by the learned Magistrate. The petitioner could not appear before the court pursuant to the summons as he was abroad. The petitioner contends that he came to the native place only on 16.10.2011. It is submitted that the petitioner's father is admitted in I.C.U. in a hospital due to serious ailments. The petitioner apprehends that he would be arrested pursuant to the NBW issued by the court in which case he will be put to difficulties. He also apprehends that if he surrenders before the learned Magistrate, he will be remanded to judicial custody. Hence, according to the learned counsel, the learned CJM may be directed to grant bail to the Crl.M.C.3744/11 2 petitioner. No such direction can be issued. But considering the fact that the petitioner was working abroad and he came back to the native place only for a period of 30 days, to visit his ailing father, it is just and proper that the learned CJM disposes of the bail application when he surrenders before the court, as expeditiously as possible. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3744/11 3