IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.MC.No. 4280 of 2010() ------------------------------------- L.P.NO. 111/2002 IN CC.842/2000 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM .................... PETITIONER/ACCUSED IN CC ------------------------------------------ SURESH, AGED 48 YEARS, S/O.PNG NAIR, KAMAL HOUSE, MARADU P.O., THRIPUNITHURA, ERNAKULAM. BY ADV. SMT.T.SUJA RESPONDENTS/COMPLAINANT ---------------------------------------------- KERALA STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4280 OF 2010 --------------------------------------------- Dated 21st October, 2010 O R D E R Petitioner, the accused in L.P.111/2002 on the file of Additional Chief Judicial Magistrate's Court, Ernakulam filed this petition to direct the Magistrate to grant him bail on the date of his surrender, contending that he did not receive any summons and was unaware of the case and therefore, the non bailable warrant is to be recalled and on surrender petitioner is to be released on bail. 2. Learned counsel appearing for the petitioner was heard. 3. If the petitioner was granted anticipatory bail and no summons was served on him to appear before the learned Crmc 4280/10 2 Magistrate, I do not believe that if the petitioner files an application for bail, learned Magistrate will not recall the warrant. When an application for bail is filed, learned Magistrate is expected to consider the application for bail without delay and pass appropriate orders in accordance with law. I do not believe that the Additional Chief Judicial 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. Crmc 4280/10 3 Crmc 4280/10 4