IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 CRL.MC.NO. 836 OF 2011() ------------------------------------------ LP.304/2008 OF JUDL.MAGISTRATE OF FIRST CLASS-II, CHENGANNUR .................... PETITIONER(S): 1ST ACCUSED: ----------------------------------------------- ANEESH KUMAR, VALIYATHARAYIL (H) PERINGILIPPURAM P.O., ULUNTHY, ALAPPUZHA-689 624. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S): COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.836 of 2011 ==================================== Dated this the 16th day of March, 2011 O R D E R Petitioner is accused in Crime No.73 of 2002 and L.P. No.304 of 2008 of the court of learned Judicial First Class Magistrate, Chengannur for offences punishable under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code. Case against petitioner was split up and included as L.P. No.304 of 2008. Petitioner says that he is ready to surrender before the learned Magistrate but is apprehensive of his remand and hence seeks a direction to release him on bail on the day he surrenders. 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 could be issued to the learned Magistrate since it is within the discretionary jurisdiction of the learned Magistrate whether request for bail should be granted or not. However to facilitate petitioner surrender before the learned Magistrate I am inclined to keep the non-bailable warrant issued to him in abeyance for some time. CRL.M.C. No.836 of 2011 -: 2 :- Criminal Miscellaneous Case is disposed of directing that the non-bailable warrant issued to petitioner will remain in abeyance for a period of three weeks from this day or till petitioner surrenders before the learned Magistrate whichever is earlier. If any application for bail is preferred by petitioner on such surrender, learned Magistrate shall dispose of the application as provided under law expeditiously. THOMAS P. JOSEPH, JUDGE. vsv