IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 4771 of 2010() ----------------------------------- SC.117/2004 of ASSISTANT SESSIONS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED --------------------------------------- PATHIPURAYIDATHIL THOMAS, S/O.ABRAHAM, AGED 50 YEARS, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM THROUGH S.H.O.ALAKODE POLICE STATION KANNUR DISTRICT. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4771 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petition is filed under section 482 of Code of Criminal Procedure for a direction to consider the application for bail in S.C.117/2004 before pronouncing the judgment contending that though case was posted for judgment on 24.11.2010, Petitioner was not present as he was admitted in the hospital and a non bailable warrant was issued. Petitioner contended that if judgment is to be pronounced before considering the application for bail, it would affect his right to seek suspension of the sentence and therefore a direction is to be issued. 2. Learned counsel appearing for the petitioner was heard. 3. Petitioner did not appear before the Crl.M.C.4771/2010 2 learned Sessions Judge on the day when the case was posted for judgment. When the petitioner appears before the learned Sessions Judge, learned Sessions Judge has to pronounce the judgment. Petitioner is not entitled to contend that before pronouncing the judgment application for bail is to be considered. Hence no direction as sought for could be granted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006