IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1770 of 2009 -------------------------------- CC.109/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM CRIME NO.1430/2008 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONER(S): ACCUSED NOS.1 AND 2: ----------------------------------- 1. T.ALI, AGED 61 YEARS, S/O.UMMER, PLAPPARAMBIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM. 2. T.K.MYMONATH BEEVI, AGED 57 YEARS, W/O.T.ALI, AGED 61 YEARS, S/O.UMMER, PLAPPARAMBIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1770 of 2009 ================== Dated this the 1st day of June, 2009. O R D E R Petitioners are accused 1 and 2 in C.C.No.109/2009 on the file of Chief Judicial Magistrate Court, Ernakulam. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Chief Judicial Magistrate to enlarge petitioners on bail on the date of their surrender. 2. Learned Counsel appearing for petitioners was heard. 3. Learned Counsel submitted that petitioners did not get any summons and therefore did not appear and on the statement of the Police that they are absconding, non- bailable warrant was issued and under such circumstances a direction is to be issued to the Magistrate to grant bail. 4. The question whether petitioners are to be enlarged on bail or not is to be decided by the Chief Judicial Crl.M.C.No.1770/2009 -2- Magistrate. Even if a non-bailable warrant is pending against petitioners and they surrender before the Magistrate and moves an application for bail, Magistrate is expected to pass orders on the application without delay. I find no reason to believe that Chief Judicial Magistrate will not act in accordance with law. Therefore, I do not find necessary to issue the direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr