IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.MC.No. 2135 of 2009() ------------------------- AGAINST THE ORDER IN CC 499/2003 IN LP.107/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... (CRIME NO.40/2003 OF THE VADAKKEKAD POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- ALI, AGED 36 YEARS, S/O.MOIDUNNI, THEKOOTTU HOUSE, KADIKKAD DESOM, PUNNIYOORKULAM, THRISSUR DISTRICT. BY ADV. MR.RAJIT RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2135 of 2009 -------------------------- ORDER Petitioner is the absconding accused in C.C.No. 499/2003 on the file of the Judicial First Class Magistrate's Court, Kunnamkulam, now pending as L.P.No.107/07. This petition is filed for a direction to the learned Magistrate to recall the non bailable warrant and to direct the learned Magistrate to consider the application for bail on the date of surrender. 2. When an absconding accused files an application for bail on surrender, learned Magistrate is expected to pass orders on the application without delay. I find no reason to believe that learned Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that the learned Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. To recall CRMC 2135/09 2 the warrant, petitioner to approach the learned Magistrate. Petition is dismissed. 2nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv