IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.MC.No. 3226 of 2011() ------------------------------------- CC.NO. 155/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO.411/2005 OF PATTAMBI POLICE STATION .................... PETITIONER(S): PETITIONER/2ND ACCUSED ---------------------------------------------------------------- SAKKIR, AGED 31 YEARS, S/O.MOIDEENKUTTY, PUNNATTUVEETTIL HOUSE, KODANAD, TRITHALA VILLAGE, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): RESPONDENTS/COMPLAINANTS --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.T.SHAJI, EBIN MOTORS, PATTAMBI, PIN-679 303. R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3226/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE CMP 2816/2005 DATED 7/7/2005 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI DATED 7/7/2005. ANNEX A2 COPY OF THE FIR IN CRIME NO.411/2005 DATED 8/7/2005 OF PATTAMBI POLICE STATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3226 of 2011 ----------------------------------- Dated this the 23rd day of September 2011 O R D E R Petitioner is the 2nd accused in C.C.No.155/2006 on the file of Judicial First Class Magistrate Court, Pattambi. The offence alleged against him and others is under Sec.379 r/w Sec.34 IPC. It is stated that the petitioner had surrendered during the crime and was released on bail. Since he was abroad, he could not appear before court thereafter. It is stated that non-bailable warrant was issued and proceedings were initiated against the sureties under Secs.82 and 83 Cr.P.C. Now, that the petitioner has come down, he apprehends that he would be remanded by the learned Magistrate. 2. The learned counsel for the petitioner submits that he is ready to surrender his passport and will abide by all the conditions that may be imposed on him by the Crl.M.C. No.3226 of 2011 -: 2 :- learned Magistrate and so there may be a direction to consider his bail application on the same day. As to how the order should be passed by the learned Magistrate cannot be directed by this Court since the discretion has to be exercised by the learned Magistrate. Such a discretion cannot be issued in the light of the decision of the Division Bench of this Court in Martin v. State of Kerala [2004 (2) KLT 1037]. However, the learned Magistrate will consider the submissions that may be advanced as mentioned above while the accused moves for bail before that court. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt