IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1411 of 2009() ------------------------- CP.4/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI .................... PETITIONER/ACCUSED: ---------------------- ABDUL SALAM,AGED 29 YEARS, S/O. MAYTANKUTTY,KEETHAL VAYATTY HOUSE, MAYIPOTH, KOYILANDY TALUK, KOZHIKODE DIST. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, MEPPAYUR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1411 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petition is filed under Section 482 of Cr.P.C. Petitioner is the accused in Crime No.78/05 of Mepayur Police Station registered for the offence punishable under Sections 366 and 376 of IPC. The above crime, after investigation and laying of charge, it appears, is pending as C.P.No.4/2008 on the file of the Judicial First Class Magistrate, Payyoli. Petitioner now seeks a direction to the Magistrate to consider and dispose of his bail application on the date of his surrender before the court. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. Evidently, the petitioner remained at large, till the investigating agency laid the charge. As the case is now pending in committal of proceedings, the custody of the petitioner may CRL.M.C.1411/09 2 not be required at this stage, but, it is for the Magistrate, who is posted with the facts of the case, to decide the merits of the bail application, if any, moved by the petitioner on his surrender before that court. The Magistrate is directed to consider and dispose of the bail application of the petitioner on the date of his surrender itself, if he appears and moves such an application within ten days from the date of this order. Criminal M.C. is disposed of as above. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009