IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1877 of 2009 ---------------------------------- CP.NO.153/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-III,NEYYATTINKARA. .................... PETITIONER/ 2ND ACCUSED: ------------------------------------------ AJAYA KUMAR,S/O.KUTTANNADAR,KOTTUKONAM VADAKKEKARA PUTHEN VEEDU,KUNNATHUKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. MR.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA. RESPONDENT: ---------------------- THE STATE OF KERALA,REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1877 OF 2009 ------------------------------------------ Dated 9th June 2009 O R D E R Petitioner is second accused in C.P.153/2007 on the file of Judicial First Class Magistrate, Neyyattinkara. Case as against first accused was committed to the Sessions court and is pending before Special court for Abkari cases, Neyyattinkara. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the bail application and pass orders in the application on the date of his surrender. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel submitted that unless there is a direction by this court learned Magistrate will not pass orders in the application for bail on the date of his surrender. Question whether petitioner is to be granted bail or not is to be decided by the Magistrate, when he applies for bail. When an absconding accused surrenders and files an CRMC 1877/09 2 application Magistrate is expected to pass orders in the application without delay. I find no reason to believe that Magistrate is not aware of the decisions of this court and the Apex court on the point or that he will not act in accordance with law. Hence no direction is necessary. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.