IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 4312 of 2011() ------------------------- CP.82/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA ................................................................................................................................ PETITIONER(S): ACCUSED ------------------------------------- MURALEEDHARAN, AGED 62 YEARS, S/O. KUTTAPPAN, PLAVINAL HOUSE, EDAPPARIYARAM, ELANTHOOR VILLAGE, KOZHENCHERRY. BY ADVS. SRI.M.T.SURESHKUMAR SRI.V.V.RAJAVIJAYA RAGHAVAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRMC NO. 4312 OF 2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE 1 : TRUE COPY OF THE FINAL REPORT IN CR.NO.26/2004 OF EXCISE RANGE, PATHANAMTHITTA, DTD.16.4.2010. ANNEXURE 2 : TRUE COPY OF THE DISCHARGE CERTIFICATE DTD.7.9.2011 ISSUED FROM TALUK HOSPITAL, MALLAPPALLY. RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4312 of 2011 ------------------------------------------ Dated this the 16th day of December, 2011 ORDER Petitioner is the accused in Crime No.26/04 of Pathanamthitta Excise Range under Section 8(1) & (2) of Kerala Abkari Act. The petitioner was not arrested nor did he surrender before court till this date. The committal proceedings as C.P.No.82/2010 is now pending before JFCM – I, Pathanamthitta. The learned counsel for the petitioner submits that the petitioner is suffering from serious ailments and that was the reason why he could not appear before the Magistrate earlier. It is further submitted by the learned counsel for the petitioner that the learned Magistrate may be directed to consider his bail application on the same day. No such direction can be issued in the light of the Division Bench decision in Martin Vs. State of Kerala reported in 2004(2) KLT 1037. The petitioner can raise all his contentions including his disease/illness Crl.M.C.No. 4312 of 2011 -: 2 :- which he is suffering from before the court below. The learned Magistrate will dispose of the bail application as expeditiously as possible, in accordance with law and bearing in mind Section 41A as well. N.K. BALAKRISHNAN, JUDGE. smvd