IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4548 of 2010() ------------------------------- CC.154/2009 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER(S): 3RD ACCUSED ------------------------------------ K.M.SUJITH, AGED 26 YEARS, S/O.MOHANAN K, KATHRIKADU HOUSE, MUNDOOR, PALAKKAD. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4548 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioner the third accused in C.C No.154 of 2009 on the file of Chief Judicial Magistrate Court, Palakkad filed this petition for a direction to the Magistrate to consider the application for bail on the date of surrender. The learned counsel submitted that petitioner was released on bail by the police after arrest and petitioner did not receive any summons and, therefore, he could not appear and in such circumstances a direction is to be issued. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders on the application without delay. I find no reason to believe that if petitioner was on bail at the investigation stage and no summons was received by him, and he files an application for bail, Magistrate will not release him on bail. There is no reason to believe that the Magistrate is unaware of the provisions of law or decisions of this Court or that the Magistrate will not act in accordance with law. Hence direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. mns