IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1827 of 2009 ---------------------------------- CC.NO.248/2004 OF JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER/ ACCUSED: ----------------------------------- T.ASOKAN, THACHAMBALATH, REENA NIVAS, PANTHEERANKAVU P.O., KOZHIKODE-673 019. BY ADV. MR.T.G.RAJENDRAN. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ----------------------------------------------------- CRL.M.C.NO.1827 & 1832 OF 2009 ----------------------------------------------------- Dated 4th June 2009 O R D E R Petitioner is the first accused in C.C.248/2004 and 264/2006 on the file of Judicial First Class Magistrate-V, Kozhikode. These petitions are 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. Case of the petitioner is that though he was released on bail, he could not appear as on the posting dates and learned Magistrate issued non bailable warrant and unless a direction is issued, it is likely that petitioner is remanded to judicial custody. 2. When an absconding accused surrenders and files an application for bail, the Magistrate is expected to pass orders in the bail application without delay. When the offences are bailable and bail was earlier granted, I find no reason to suspect that Magistrate will not grant bail to the accused when he surrenders for the reason that he CRMC 1827 & 1832/09 2 failed to appear on a particular posting day. In such circumstances, I find no reason to give any direction as sought for because there is no reason to believe that Magistrate will not pass orders in accordance with law. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.