IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Crl.MC.No. 72 of 2010() ---------------------------------- CP.29/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THAMARASSERY. ............. PETITIONER(S): ACCUSED: ------------------------------------------ V.C.MUNEER, S/O. KUNJAYIN, VELLACHALIL, P.O.VELIMANNA, RAROTH AMSOM, VELIMANNA DESOM, KOZHIKODE TALUK. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): ---------------------------- 1. SUB INSPECTOR OF POLICE, KODANCHERRY POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.72 OF 2010 ------------------------------------------ Dated 11th January 2010 O R D E R Petitioner is the fifth accused in C.P.29/2009 on the file of Judicial First Class Magistrate-II, Thamarassery. Petition is filed under Section 482 of Code of Criminal Procedure to consider his application for bail on the date of his surrender itself. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that by Annexure-A order passed by this court in the bail application filed by other accused, this court has directed to consider application for bail, as if no allegation under Section 308 of Indian Crmc 72/10 2 Penal Code is involved. 4. When an accused surrenders and files an application for bail, it is for the Magistrate to consider the application for bail without delay. It is for the Magistrate to consider all the relevant facts which is brought to his attention. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.