IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Crl.MC.No. 1792 of 2009 ---------------------------------- (L.P.C. NO. 116/08 IN C.P. NO. 235/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD) .................... PETITIONER/ ACCUSED: ----------------------------------- A.N.MUMEER, S/O. ASSAINAR A.A.HOUSE, ADKATH BAIL, KASARAGOD. BY ADVS. MR.T.B.SHAJIMON, SMT.GOVINDU P.RENUKADEVI. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1792 of 2009 ================== Dated this the 2nd day of June, 2009. O R D E R Petitioner is the absconding accused in C.P.No. 235/2007 on the file of Judicial First Class Magistrate Court, Kasaragode, now pending as L.P.No.116/2008. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the bail application on the date of his surrender. Petitioner did not appear in the committal proceedings and the Magistrate was constrained to include it in the L.P.Register and issue non- bailable warrant, which is pending for execution. Petitioner did not surrender so far. This petition is filed for a direction to the Magistrate to consider the bail application on the date of his surrender. Crl.M.C.No.1792/2009 -2- 2. When an absconding accused surrenders and files an application for bail, the Magistrate is expected to pass orders in the application without delay. I find no reason to believe that Magistrate will not act in accordance with law. In such circumstances no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr