IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Crl.MC.No. 3227 of 2009 --------------------------------------- LP.18/1988 OF JFCM, IRINJALAKUDA ........... PETITIONER/ACCUSED: SULAIMAN, AGED 49 YEARS, S/O. HANEEFA, 13/885, METTUPALAYAM STREET, PALAKKAD. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DETECTIVE INSPECTOR, C.B.C.I.D C.I.S., ERNAKULAM. 3. SUB INSEPCTOR OF POLICE, IRINJALAKUDA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3227 of 2009 -------------------------- ORDER Petitioner is the accused in L.P.No.18/1988 on the file of Judicial First Class Magistrate's Court, Irinjalakuda. Case of the petitioner is that co-accused were already acquitted and in such circumstances, even if he is to be tried, there is no likelihood of a conviction and therefore, the case is to be quashed. 2. Learned counsel appearing for the petitioner was heard. 3. Petitioner has not produced the order of acquittal as against the co-accused and it is not known on what ground the co-accused were acquitted. In such circumstances, based on the order of acquittal of the co-accused, the case as against the petitioner cannot be quashed. 4. Learned counsel appearing for the petitioner then submitted that learned Magistrate may be CRMC 3227/09 2 directed to consider the application for bail to be moved by the petitioner on the date of surrender. 5. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders on the application without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 7th October, 2009 (M.Sasidharan Nambiar, Judge) tkv