IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Crl.MC.No. 1701 of 2009() -------------------------------------- (C.P.NO.172/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR IN CRIME NO.663/2005 OF ADOOR POLICE STATION) PETITIONER(S):1ST ACCUSED: --------------------------------------------- SHAJI.T.T., AGED 39 YEARS, S/O.THANKACHAN, PULLAMVEEDU, PANTHALAM THEKEKKARA VILLAGE, PODUKOTTIKKAL MURI, PATHANAMTHITTA DISTRICT. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): COMPALINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1701 OF 2009 =========================== Dated this the 23rd day of May,2009 ORDER Petitioner is the first accused in C.P.172/2005 on the file of Judicial First Class Magistrate Court, Adoor. The case was taken cognizance on a final report filed in Crime No.663/2005 alleging commission of offences under sections 332,308 and 34 IPC. Petitioner was granted bail by the Magistrate at the investigation stage. As the petitioner did not appear in the committal case, non- bailable warrant was issued and it is pending. This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Magistrate to release the petitioner on bail on the date of his surrender. 2. Learned counsel appearing for the petitioner was heard. Crl.M.C.No.1701 /2009 2 3. Petitioner was earlier granted bail. But he did not appear when the final report was filed and was directed to appear. Non bailable warrant is pending. The question whether petitioner is to be granted bail or not is to be decided by the Magistrate. There cannot be a direction as sought for to the Magistrate to release the petitioner on bail. If the petitioner surrenders and files an application before the Magistrate for granting bail, Magistrate is expected to pass orders in the application without any delay. Hence I do not find it necessary to issue any specific direction as sought for. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006