IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Crl.MC.No. 4226 of 2009 ------------------------- CC.378/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI IN LP.3/2009 .................... PETITIONER/1ST ACCUSED: ------------------------------ MOHAMMED BAPPUTTY, S/O. MOIDUTTY, NEERANI VEETTIL, CHERPULASSERY VILLAGE, OTTAPPALAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. C.M. KAMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 4226 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2009 O R D E R Petitioner is the first accused in CC No.378/2009 on the file of the Judicial First Class Magistrate Court, Idukki. The allegation against him is that he has committed offences punishable under Section 406 r/w Section 34 IPC. 2. It is alleged in the petition that he did know about the pending of the case and that the case is now transferred to Long Pending Register as LP No.3/2009 and warrant is pending against him. He submits that he is ready to surrender before the Trial Court and he apprehends that if he surrenders, he will be remanded to judicial custody. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. In the circumstances of the case, I feel that the Lower Court can be directed to consider his Bail Application on the date of filing itself. In the result, the petition is allowed. The petitioner is directed to surrender before the Trial Court on or before Crl.M.C. No.4226 of 2009 -:2:- 15.01.2010. The learned Magistrate shall consider his Bail Application, if filed, on the date of surrender itself and pass appropriate orders. In the meanwhile, warrant issued against him is kept in abeyance. P.Q. BARKATH ALI, JUDGE ttb