IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 2388 of 2009 -------------------------------- CC.406/2006 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER(S): 2ND ACCUSED -------------------------------------------- RAJAN, KAPPOORI HOUSE, KOTTAPURATH, IMURI PO, PERUMBAVOOR. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAIANT ---------------------------------------------- 1. SUB INSPECTOR OF POLICE, THODUPUZHA, 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2388 OF 2009 =========================== Dated this the 23rd day of July,2009 ORDER Petitioner was the second accused in C.C.406/2006 on the file of Chief Judicial Magistrate, Thodupuzha. As he was absconding, the other accused was tried. A non bailable warrant is pending against the petitioner. This petition is filed for a direction to the Magistrate to consider the application on the date of his surrender. When an absconding accused surrenders and files an application for bail, Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex Court or that the Magistrate will not act in accordance with law. In such circumstance, no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006