IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 2073 of 2009 ------------------------------- CC.447/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): 1ST ACCUSED: ------------------------------------------- BIJOY, S/O.XAVIER, AGED 42 YEARS, CHERUPURACKAL, PACHATHIRI P.O., THIRUR, MALAPPURAM. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 2073 of 2009 ================== Dated this the 26th day of June, 2009. O R D E R Petitioner is the first accused in C.C.No.447/2007 on the file of Judicial First Class Magistrate Court-I, Ernakulam. Non- bailable warrant is pending against the petitioner. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to enlarge him on bail on the date of his surrender. 2. When an absconding accused surrenders and files an application for bail, the Magistrate is expected to pass orders on that application without delay. The question whether petitioner is to be granted bail or not is to be decided by the Magistrate. I do not find any reason to believe that Magistrate is not aware of the decisions of this court or the Apex Court or that Magistrate will not act in accordance with law. Hence no direction is necessary. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr