IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4396 of 2010() ------------------------- CP.88/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... (CRIME NO.54/2009 OF EXCISE RANGE OFFICE,PALAKKAD DISTRICT) ..... PETITIONER(S): ACCUSED: ----------------------------------------- RAKESH, AGED 36 YEARS, S/O.CHANDRASEKHARAN PILLAI, KOSSERIYIL HOUSE, TEMPLE NAGAR, SAKTHIKULANGARA P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.M.C. No. 4396 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioner is the accused in C.P.No.88/2010 on the file of Judicial First Class Magistrate Court-1, Palakkad . Petition is field under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate not to remand the petitioner on his appearance as laid by this court in Sreekumar v. State of Kerala (2008(3) KLT 748) and to grant bail to the petitioner. 2. Heard the learned counsel appearing for the petitioner. 3. It is not for this court to direct the Magistrate to release the petitioner on bail. It is for the petitioner to raise all the contentions before the learned Magistrate, I find no reason to believe that learned Magistrate is unaware of the provisions of law or the decisions of this court or that the Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE ln