IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 1892 of 2009 ------------------------------- (CRIME NO.179/2009 OF SOORANADU POLICE STATION) PETITIONER(S): ACCUSED -------------------------------------- DILEEP,AGED 38 YEARS, S/O.SHAMSHUDDIN RAWTHER,DIL MANZIL, NEDUMON,EZHAMKULAM VILLAGE. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SOORANADU POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1892 of 2009 ================== Dated this the 26th day of June, 2009. O R D E R Petitioner is the sole accused in Crime No.179/2009 of Sooranad Police Station, originally registered for the offence under Section 377 of Indian Penal Code. Subsequently, Annexure I report was filed before the court intimating that an offence under Section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is also committed and case is being investigated with petitioner as the accused. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to Judicial First Class Magistrate Court, Sasthamcotta to consider the bail application to be submitted by the petitioner on the date of his surrender. 2. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard. Crl.M.C.No.1892/2009 -2- 3. Learned Counsel appearing for the petitioner submitted that Magistrate is competent to consider the bail application in view of the decision in Noushad v. State of Kerala (2002 (2) KLT SN 97) and therefore a direction is to be issued. 4. When an accused surrenders before the Magistrate and files an application for bail, Magistrate is expected to pass orders on that application without delay. I find no reason to believe that Magistrate is not aware of the provisions of law or decisions of this court or the Apex Court or that the Magistrate will not act in accordance with law. Hence no direction as sought for is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr