IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1542 of 2010()
1. A.M.MOHAMMED @ F.MOHAMED,
... Petitioner
Vs
1. CBI/SCB/CHENNAI,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :30/04/2010
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.1542 of 2010
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Dated this 30th day of April, 2010
ORDER
Petitioner is accused No.4 in C.P.No.1 of 2009 in Case
No.R.C.5(s)/2007/CBI/SCB of the court of Chief Judicial Magistrate,
Ernakulam for offence punishable under section 203 of the IPC. He
was granted bail subject to conditions but, could not appear in
court on 08-03-2010, according to him on account of traffic jam and
hence his bail was canceled and NBW was issued against him.
Now the prayer in the petition is to direct the learned Chief Judicial
Magistrate to consider the bail application if preferred by the
petitioner before that court and dispose of the same on the same
day it is filed and a further direction to the police not to arrest
petitioner till he surrendered in the court. Learned counsel for
petitioner submits that there was non appearance in the court only
for one day for which the bail was canceled.
2. I have heard learned Special Public Prosecutor also in
the matter. In the light of the decision of this court in Martin Vs.
State of Kerala (2004(2) KLT 1037) no direction can be issued
to the courts below to dispose of the application for bail on the
same day it is filed. Hence, that request of petitioner cannot be
Crl.M.C.No.1542 of 2010
: 2 :
entertained. However I direct that learned Chief Judicial
Magistrate shall dispose of the bail application if filed, as
expeditiously as possible.
The petition is disposed of in the above lines.
(THOMAS P JOSEPH, JUDGE)
Sbna/-