IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.MC.No. 881 of 2011() ------------------------------------- CP 71/2010 OF JUDICIAL FIRST CASS MAGISTRATE COURT, CHAVAKKAD .. (CRIME NO.34/2010 OF VADANAPPALLY POLICE STATION, TRICHUR) ............. PETITIONER(S): ACCUSED: ------------------------------------------ PRABEESH, S/O.PRASANNAN, INNARAN HOUSE, NAMBIKADAVU P.O., THALIKKULAM, TRICHUR DISTRICT. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, VADANAPPALLY POLICE STATION, TRICHUR DISTRICT. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 881 of 2011 ==================================== Dated this the 21st day of March, 2011 O R D E R Petitioner is accused in C.P. No.71 of 2010 of the court of learned Judicial First Class Magistrate, Chavakkad for offences punishable under various Sections including Sections 324 and 308 read with Section 149 of the Indian Penal Code. Petitioner states that he was not an accused in the FIR and later he was implicated and final report was filed including him also as accused. Petitioner seeks a direction to the learned Magistrate to release him on bail on the day he surrenders and files application. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction as prayed for could be issued to the learned Magistrate. It is for the learned Magistrate to consider the application and pass appropriate orders having regard to the facts of the case. CRL.M.C. No.881 of 2011 -: 2 :- Resultantly Criminal Miscellaneous Case is disposed of directing learned Magistrate to consider the application for bail if filed by the petitioner and pass appropriate orders as early as possible. THOMAS P. JOSEPH, JUDGE. vsv