IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Crl.MC.No. 1927 of 2009() ------------------------- ST.243/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED: ----------------------------------------- RAHEEL, AGED 45 YEARS, S/O.HABEEB MOHAMMED, BABU VILASOM, KULAMUTTOM, MOONGODU, VARKALA, THIRUVANANTHAPURAM. BY ADV. MR.M.TRIPTEN RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LARSEN & TOUBRO LIMITED, REPRESENTED BY MR.M.P.SURESH KUMAR, SASTHAMANGALAM, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1927 OF 2009 ------------------------------------------ Dated 15th June 2009 O R D E R Petitioner is the accused in S.T.243/2005 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram. Magistrate took cognizance of the offence under Section 138 of Negotiable Instruments Act on the complaint filed by second respondent. After closing the prosecution evidence, when the case was posted for questioning under Section 313 of Code of Criminal Procedure petitioner failed to appear. Learned Magistrate thereafter cancelled the bail and issued a non bailable warrant and included the case in the register of long pending case. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to release the petitioner on bail on the date of his surrender. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. When an accused surrenders before the Magistrate and files an application for bail CRMC 1927/09 2 Magistrate is expected to pass orders in the application without delay. I find no reason to believe that Magistrate is unaware of the decision of this court and the Apex court or will not act in accordance with law. In such circumstances, no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.