IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Crl.MC.No. 1733 of 2009 ---------------------------------- CC.NO.272/2000 (L.P. NO. 55/2003) OF JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR. .................... PETITIONER/ACCUSED: ---------------------------------- JAMES BABY, AGED 47 YEARS, S/O.BABY MATHAI, RESIDING AT MAMRE GARDEN, PADAPPU, SANKARANPADY P.O., (81A(242) 12, BEDADUKA GRAMA PANCHAYAT), CHERKALA VIA., KASARAGODE 671 541. BY ADVS. MR.KURIAKOSE MATHEW, MR.MANJU ANTONEY. RESPONDENTS/STATE/COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.Y.KUNJUMON, PUTHENVEEDU, THAZHATHUVADAKKU P.O., PRESENTLY RESIDING AT UDAYAGIRI, THAZHETHUVADAKKU P.O., VIA ENATHU, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1733 of 2009 ================== Dated this the 3rd day of June, 2009. O R D E R Petitioner is the accused in C.C.No.272/2000 now pending as L.P.No.55/2003 on the file of Judicial First Class Magistrate Court, Adoor. Cognizance was taken for the offences under Section 138 of the Negotiable Instruments Act on the complaint filed by second respondent. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate to release him on bail on the date of his surrender. 2. Learned Counsel appearing for the petitioner was heard. 3. Learned Counsel submitted that unless a direction is issued by this Court, petitioner would be remanded on the date of his surrender and no order will be passed in the bail application on that date. Crl.M.C.No.1733/2009 -2- 4. When an absconding accused surrenders before the Magistrate and files an application for bail, the Magistrate is expected to pass orders on the application without delay. Inspite of the persuasion made by the learned Counsel, I am not inclined to believe that the Magistrate will not act in accordance with law. In such circumstances, I do not find it necessary to issue the direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr