LAWS(KER)-2011-3-184

SANJAYAN Vs. STATE OF KERALA

Decided On March 25, 2011
SANJAYAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER is the second accused in C.C. No.505 of 2004 of the court of learned Judicial First Class Magistrate, Ranny for offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. Learned counsel submits that petitioner is impleaded as an accused later and was granted bail in the year 2004. Since his father fell ill in the year 2007 and expired in 2009 he could not appear in court and thereon his bail was cancelled and a non-bailable warrant was issued to him. It is submitted that his counsel did not intimate the said fact to him. According to the petitioner he was aged 18 years only at the time of the alleged incident and now is working in a Panchayat Office. PETITIONER states that he is ready to surrender before learned Magistrate and seek bail but he is apprehensive of a remand. He has requested for a direction to the learned Magistrate to release him on bail on the day he surrenders and files application for bail. I have heard learned counsel for petitioner and the learned Public Prosecutor.

(2.) 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 to the learned Magistrate. It is for the learned Magistrate to consider the application and pass appropriate orders without delay having regard to the facts of the case. Having regard to the circumstances stated I am inclined to grant some time to the petitioner to surrender before the learned Magistrate and seek bail. Resultantly this Criminal Miscellaneous Case is disposed of in the following lines: