IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.MC.No. 2564 of 2009() -------------------------------------- (CRIME NO.175/07 OF FEROKE POLICE STATION) PETITIONER(S): ACCUSED NO.1: ------------------------------------------------- SAINUDHEEN, AGED 26, S/O.ALIMON, MANARKKAL, MUTHENITHAZHAM COLONY, CHUMKAM, FEROKE (PO), KOZHIKODE. BY ADVS. MR.BINDU SREEKUMAR, SMT.R.SANGHESWARY. RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAZEERA, AGED 24 YEARS, D/O.SAITHALAVI, KIZHILLATH VALAPPIL HOUSE, FAROOQ COLLEGE, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2564 of 2009 -------------------------- ORDER Petitioner is the first accused in C.C.No.564/2007 on the file of Judicial First Class Magistrate's Court- V, Kozhikode. As petitioner was absconding, a non bailable warrant is pending against him. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to release the petitioner on bail on the date of his surrender. The question whether petitioner is to be released on bail or not is to be decided by the Magistrate. 2. When an absconding 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 Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 6th August, 2009 (M.Sasidharan Nambiar, Judge) tkv