IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3794 of 2010() --------------------- CC.661/2007 OF JUDL. FIRST CLASS MAGISTRATE COURT, ADIMALI CRIME NO. 165/2006 OF ADIMALY POLICE STATION, IDUKKI .......................................................... PETITIONERS / ACCUSED 1, 2 & 4 TO 6 ----------------------------------- 1. HYDROSE, AGED 49, S/O.SYED MUHAMMED, KUMMATTU PUTHANPURAYIL HOUSE, KAITHAKKADU KARA, KATHAKKADU VILLGE. 2. SERINA, AGED 24 YEARS, W/O. ABDUL REHMAN EDACHIRA KARA, KAKKANAD VILLAGE. 3. ANAS, AGED 25 YEARS, S/O. BEERANKUNJU, KUMMATTU PUTHANPURAYIL HOUSE, KAITHAKKADU KARA, KATHAKKADU VILLAGE. 4. SHAJITHA, AGED 29 YEARS, W/O. SHAJI, VELIYATHU HOUSE, KANJIKUZHI KARA, KANJIKUZHI VILLAGE. 5. SHAJI, AGED 30, S/O. HAMEED, VELIYATHU HOUSE, KANJIKUZHI KARA, KANJIKUZHI VILLAGE. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SRI.V.K.MEETHIAN KUNJU SRI.N.M.SIYAD RESPONDENTS / COMPLAINANT: ---------------------------------------------- 1. THE STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTO OF POLICE, ADIMALY-685561. 3. DAVID.P.M. @ RAJAN, AGED 43, D/O. MATHAI, POTTAKKAL HOUSE, VALARA.P.O., DEVIKULAM-685561. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3794 OF 2010 --------------------------------------------- Dated 15th September, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to recall the steps taken under Sections 82 and 83 of Code of Criminal Procedure by Judicial First Class Magistrate, Adimaly in C.C.661/2007 and for a direction to the Magistrate to release the petitioners on bail, on the date of surrender. 2. Learned counsel appearing for the petitioners was heard. 3. When steps are initiated under Sections 82 and 83 of Code of Criminal Procedure for the failure of the petitioners, the accused to appear, it is for the petitioners to surrender before the Crmc 3794/10 2 learned Magistrate. When the accused surrender and file an application for bail, Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware 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 disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.