IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.MC.No. 3303 of 2010() ------------------------- CC.1274/2007 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S)/2ND ACCUSED: --------------------------- ABDUL SAMAD @ MANU, S/O.MOIDEENKUTTY, MALAPPURAM AMSOM AND DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)/COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAPPURAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.3303 OF 2010 ----------------------------------- Dated this the 12th day of August, 2010 O R D E R Petitioner is the 2nd accused in Crime No.498 of 2006 of the Malappuram Police Station registered for the offences punishable under Sections 341 and 353 read with Section 34 of the Indian Penal Code. 2. The gist of the allegations imputed against the accused including the petitioner is that they have caused wrongful restraint and also assaulted by using criminal force against some police officers on 2.9.2006 at about 4.30 p.m. in Plaza Lodge in Malappuram Town. The learned counsel for the petitioner submits that after investigation of the crime, the police has filed the final report. In search of employment, during the course of investigation, the petitioner has left the country, and, at present, it is submitted, a warrant is pending against him issued by the CRL.M.C.3303/10 2 Judicial First Class Magistrate Court, Malappuram. The only relief canvassed by the present petitioner is for issue of an order/direction to the above court to consider his bail application on the date of his appearance and pass appropriate orders thereafter. 3. Having regard to the submissions made and taking note of the facts and circumstances presented, there will be a direction to the learned Magistrate to consider the bail application of the petitioner, preferably, on the date of surrender of the petitioner itself, after notice to the Public Prosecutor, provided, the petitioner surrenders before the court on or before 28.8.2010. Subject to the above direction, the Crl.M.C. is disposed of. S.S.SATHEESACHANDRAN JUDGE prp CRL.M.C.3303/10 3