IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1823 of 2009 ---------------------------------- CP.NO.18/2007 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ALUVA. .................... PETITIONER/ ACCUSED: ----------------------------------- RAJESH.R.,S/O.RAJAN,AGED 30 YEARS, NIRAVINAL THEKKETHIL,RAJESH BHAVANAM, ARUMOOTTIMANGALAM,MAVELIKKARA. BY ADV. MR.P.M.ZIRAJ. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,REPRESENTED BY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1823 of 2009 ================== Dated this the 4th day of June, 2009. O R D E R Petitioner is the accused in Crime No.105/2004 of Kalamassery Police Station, now pending before Judicial First Class Magistrate Court-I, Aluva as C.P.No.18/2007. Contending that petitioner was in Mumbai in connection with his employment and therefore he could not appear and and a non-bailable warrant is issued, this petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate to consider the bail application on the date of his surrender. 2. Learned Counsel appearing for petitioner was heard. 3. When an absconding accused surrenders before the Magistrate and files an application for bail, the Magistrate is expected to pass orders on the bail application Crl.M.C.No.1823/2009 -2- without delay. I find no reason 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