IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Crl.MC.No. 1982 of 2009() ------------------------- LP 198/08 IN CP.68/07 BEFORE JFMC, PARAVOOR IN CR.NO.348/05 OF PARAVOOR POLICE STATION PETITIONER(S): 2ND ACCUSED -------------------------- KIRANNATH @ KIRAN, AGED 23 YEARS, S/O.GOPINATHAN, KOORAVILA VEEDU, KOORAVILA, KOTTAPPURAM CHERRY, KOTTAPPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.BIMAL K.NATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1982 of 2009 ================== Dated this the 19th day of June, 2009. O R D E R Petitioner is the absconding second accused in C.P.No.68/2007 on the file of Judicial First Class Magistrate Court, Paravoor. The prosecution case is that petitioner committed offences under Sections 143, 147, 148, 323, 324 and 307 read with Section 149 of Indian Penal Code along with the co-accused. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to enlarge petitioner on bail on the date of his surrender. 2. The question whether petitioner is to be granted bail or not is to be decided by the Magistrate. When an absconding accused surrenders and files an application for bail, Magistrate is expected to pass orders on that application without delay. I do not believe that the Crl.M.C.No.1982/2009 -2- Magistrate is not aware 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 circumstances, no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr