IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Crl.MC.No. 3439 of 2009() ------------------------- SC.1068/2008 of I ADDL. ASSISTANT SESSIONS COURT, THRISSUR .................... PETITIONER(S)/ACCUSED: --------------- 1. VIJAYAN, AGED 37 YEARS, S/O.KOTHA, KANNENKATH HOUSE, CHATHANCHIRA COLONY, KODUMBU, KANJIRAKODE VILLAGE, TALAPPILLY TALUK. 2. AJAYAN, AGED 27 YEARS, S/O.KOTHA, KANNENKATH HOUSE, CHATHANCHIRA COLONY, KODUMBU, KANJIRAKODE VILLAGE, TALAPPILLY TALUK. 3. BALAN, AGED 28 YEARS, S/O.CHAMI, CHALIYATTIL HOUSE, KODUMBU, KANJIRAKODE VILLAGE, TALAPPILLY TALUK. 4. ANANDAN, AGED 28 YEARS, S/O.KUNJUNNY, CHATHANCHIRA COLONY, KODUMBU, KANJIRAKODE VILLAGE, TALAPPILLY TALUK. 5. MANIKANDAN, AGED 27 YEARS, S/O.AYYAPPAN, ARVISSERYVALAPPIL HOUSE, CHATHANCHIRA COLONY, KODUMBU, KANJIRAKODE VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN RESPONDENT(S)/COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, WADAKKANCHERRY POLICE STATION, (CRIME NO.286/07) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3439 OF 2009 ------------------------------------------ Dated 26th October 2009 O R D E R Petitioners are accused 1,2,4,5 and 6 in S.C.1068/2008 on the file of Additional Assistant Sessions court, Thrissur. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Additional Assistant Sessions Judge, Thrissur to consider the application for bail on the date of their surrender as non bailable warrant is pending against the petitioners. According to the learned counsel failure of the petitioners to appear was not willful, but due to the difficulty to reach the court on account of traffic. 2. When accused surrender and file an application for bail, Assistant Sessions Judge is expected to pass orders in the application without delay. I find no reason to believe that the learned Assistant Sessions Judge is unaware of the provisions of law or the decisions of this court or the Apex court or that he will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.