IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1766 of 2009 ------------------------------- CC.316/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY IN CRIME NO.289/2006 OF PAZHAYANNUR POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- SURESH KUMAR, AGED 36 YEARS, S/O.KUMARAN, BANGLAVUPARAMBIL HOUSE, THIRUVILLAMALA DESOM, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PAZHAYANUR POLICE STATION, (CRIME NO.289 OF 2006),THRISSUR. R1 & R2 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1766 of 2009 ================== Dated this the 1st day of June, 2009. O R D E R Petitioner is the accused in C.C.No.316/2006 on the file of Judicial First Class Magistrate Court, Wadakkanchery. When non-bailable warrant was issued, this petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate to grant him bail on the date of his surrender. 2. Learned Counsel appearing for petitioner was heard. 3. Learned Counsel submitted that petitioner was earlier granted bail at the investigation stage under Annexure AI order and a non-bailable warrant was issued later only on account of the failure of the petitioner to appear before the Magistrate and unless a direction is given, Magistrate will not pass orders in the application for bail on the date of surrender. Crl.M.C.No.1766/2009 -2- 4. When an absconding accused against whom an order of non-bailable warrant is issued surrenders before the Court and files an application for bail, the Magistrate is expected to pass orders in the application without any delay. I find no reason to believe that the Magistrate will not act in accordance with law. Under such circumstances, I do not find it necessary to issue the direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr