IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 27 of 2011()
1. HAMZA KANNADAN, AGED 38 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.T.N.SURESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :28/01/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.27 of 2011
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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
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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