IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.MC.No. 1963 of 2009() ---------------------------------------- L.P.NO.7/05 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,IDUKKI. ....... (CRIME NO.57/01 OF PEERUMEDU POLICE STATION) PETITIONER(S): -------------------------- BINU, S/O.KOCHUKOCH, VALUPARAMBIL HOUSE, ELAPPARA P.O., IDUKKI. BY ADV. MR.C.S.MANILAL RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.RAVEENDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.3282/2009 IN CRMC.NO.1963/2009 DISMISSED 17/06/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1963 OF 2009 =========================== Dated this the 17th day of June,2009 ORDER Petitioner is the absconding accused in L.P.No.7/2005 on the file of Judicial First Class Magistrate Court, Idukki. This petition is filed under section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the bail application when filed by the petitioner on surrender on the same date and for a direction to expedite the trial within a time frame. 2. Learned counsel appearing for the petitioner was heard. 3. Petitioner is not entitled to get a direction to expedite the trial when the case as against him is removed to the L.P. register on account of the failure of the petitioner to appear. When an absconding accused surrenders and files an application, the Magistrate is expected to pass orders in the application without delay. I do not believe that the Magistrate is not aware of the provisions of law or various decisions of this court or Apex Court on the Crl.M.C.1963/2009 2 point or that Magistrate will not act in accordance with law. In such circumstance, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006