IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH JUNE 2009 / 8TH JYAISHTA 1931 Crl.MC.No. 1864 of 2009() ------------------------- LPC.233/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): 29TH ACCUSED: ------------------------------------------------- PADANNAKANDY SATHYAN, S/O.KARUNAN, AGED 47 YEARS, AREEKAL HOUSE, PADUVILAY AMSOM/DESOM, PATHIRIYAD POST, KANNUR DISTRICT. BY ADV. MR.P.K.RAVISANKAR RESPONDENT(S): STATE: ----------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1864 OF 2009 ------------------------------------------ Dated 8th June 2009 O R D E R Petitioner is the absconding 29th accused in crime No.627/1997 of Kannur Town Police Station registered for the offences under Sections 143,147, 436 read with Section 149 of Indian Penal Code. Case as against the petitioner is now pending as L.P.233/2003. Case of the petitioner is that the other accused were tried in S.C.535/2001 and Prosecutor filed an application to withdraw the prosecution as against those accused and it was granted by the court and as the petitioner was absconding, case against him was not withdrawn. He apprehending that if he surrenders before the Magistrate, unless a direction is issued, the Magistrate will not pass orders in the application for bail on the date of his surrender. 2. When an accused surrenders before the court and files an application for bail, Magistrate is expected to pass orders in the application without delay. Fact that accused was absconding earlier is CRMC 1864/09 2 not a reason not to pass orders in the application for bail without delay. I find no reason to believe that Magistrate will not pass orders in the application without delay, if petitioner surrenders and files an application for bail. In such circumstances, no direction is necessary. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.