IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 Crl.MC.No. 27 of 2011() ----------------------- CC.689/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VI (MARAD CASES), KOZHIKODE .................... PETITIONER(S): 1ST ACCUSED -------------------------- HAMZA KANNADAN, AGED 38 YEARS, S/O.MOIDEEN HAJI, KANNADAN HOUSE, P.O. EDARIKKODE, KALARI SOUTH, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.T.N.SURESH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, NADAKKAVU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.27 of 2011 -------------------------------------- Dated this the 28th day of January, 2011. ORDER Petitioner is accused No.1 in C.C.No.689 of 2009 of the court of learned Judicial First Class Magistrate-VI (Marad Cases), Kozhikode for offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code. Petitioner was enlarged on bail. Learned Magistrate framed charge against petitioner and others. While so,it is contended, petitioner fell ill and had to undergo continuous treatment. On account of that he could not appear in court. Counsel for petitioner failed to make necessary application on his behalf in the court below. In that circumstances learned Magistrate cancelled the bail and issued non-bailable warrant to the petitioner. Prayer in this petition is to direct learned Magistrate to consider the bail application to be filed by petitioner on the day of his surrender itself and release him on bail. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. 3. In the light of the decision in Martin v. State of Kerala (2004 (2) KLT 1037) no such direction as prayed for could be issued. Petitioner has to surrender before learned Magistrate and seek bail. It is for the learned Crl.M.C.No.27/2011 2 Magistrate to take appropriate decision on that application as provided under law. However, having regard to the circumstances stated by learned counsel petitioner is granted two weeks time to surrender before learned Magistrate and seek regular bail. The non-bailable warrant issued to the petitioner will stand in abeyance during the said period of two weeks or till petitioner surrenders in the court below whichever is earlier. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks