IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Crl.MC.No. 1665 of 2009() ----------------------------------- CP. NO.40/2009 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, NEDUMANGADU . CRIME NO.351/2008 OF NEDUMANGADU POLICE STATION, THIRUVANANTHAPURAM. ............. PETITIONER(S): ACCUSED NO.8 ------------------------ UDAYAKUMAR, S/O.SUNDARAN PANICKER PARTHASARADHI BHAVAN, MOTTAMOODA, PALLICHAL DESOM PALLICHAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV.MR.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, NEDEMANGADU POLICE STATION, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1665 OF 2009 ------------------------------------------ Dated 22nd May 2009 O R D E R Petitioner is 8th accused in crime No.351/2008 of Nedumangadu police station pending as C.P.49/2009 on the file of Judicial First Class Magistrate-II, Nedumangadu. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to release the petitioner on bail. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Though learned counsel sought a direction to the Magistrate to release the petitioner on bail, question whether petitioner is to be granted bail or not is to be decided by the Magistrate. That power of the Magistrate cannot be interfered by exercising the inherent power under Section 482 of Code of Criminal Procedure. If the petitioner surrenders and files an application for bail, the Magistrate to pass appropriate orders in accordance with law without delay. M.SASIDHARAN NAMBIAR, JUDGE. uj.