IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 CRL.MC.NO. 1562 OF 2010() ------------------------- CC.104/2007 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA .................... PETITIONER(S): ACCUSED: ---------------------------------------- JOSE THOMAS, AGED 46 YEARS, S/O.THOMAS, MULLANKKATTIL VEEDU, EETTICHUVADU, ANGADI, RANNI, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE: ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.M. FEROZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = = = CRL.M.C.1562 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of April, 2010 O R D E R --------------- Petitioner is accused in C.C.No.104 of 2007 of the court of learned Judicial First Class Magistrate-II, Pathanamthitta for offences punishable under Sections 341, 323, 324 and 114 read with Section 34 of the Indian Penal Code. Case is that petitioner and others wrongfully restrained and voluntarily caused hurt to the de facto complainant. Since petitioner was not available for trial case against him was split up and refiled as C.C.No.104 of 2007. He was granted bail but he failed to appear in court on 26.3.2010. Hence his bail was cancelled. Prayer in this petition is to direct the learned Magistrate to grant bail to the petitioner on the date of his surrender to secure ends of justice. This Court in Martin v. State of Kerala (2004 [2] KLT 1037) held that no such direction could be issued. Hence the request of the petitioner cannot be entertained. However, I direct the learned Magistrate to dispose of the application for bail if presented by the petitioner as expeditiously as possible. With the above observation this petition is dismissed. THOMAS P.JOSEPH, JUDGE. vsv