IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1605 of 2010()
1. ANNIE THOMAS, W/O. THOMAS P.A.,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.G.HARIHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :06/05/2010
O R D E R
THOMAS P.JOSEPH, J.
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CRL. M.C. No.1605 of 2010
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Dated this the 6th day of May, 2010
O R D E R
This petition is filed under Section 482 of the Code of Criminal
Procedure seeking a direction to the learned Judicial First Class
Magistrate, Chalakkudy to consider the bail application to be filed by
the petitioner in connection with C.C. No.1057 of 2009 on the same
day of its filing and to pass such other orders or reliefs as this Court
deems it fit in the interest of justice. Petitioner is accused in C.C.
No.1057 of 2009 of the trial court for offences punishable under
Section 291 of the Indian Penal Code read with Sections 24(1) and 43
of the Water (Prevention and Control of Pollution Act), 1974. According
to the petitioner there was failure on her part to appear in the trial
court for a day and consequent to that, a Non-Bailable Warrant was
issued to her.
2. I have heard learned counsel for petitioner and learned
Public Prosecutor appearing for the respondents.
3. Though as per the version of petitioner a Non-Bailable
CRL. M.C. No.1605 of 2010
-: 2 :-
Warrant was issued to her for her absence for a single day, I am
unable to issue any such direction as prayed for in the light of
decisions of this Court in Martin v. State of Kerala (2004 [2]
KLT 1037) and Pappachan v. Muthu (2005 [2] KLT 76). Having
regard to the circumstances stated before me I direct the learned
Magistrate to dispose of the application for bail if any preferred by the
petitioner as expeditiously as possible.
Criminal Miscellaneous Case is dismissed with the above
direction.
THOMAS P. JOSEPH, JUDGE.
vsv