IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Crl.MC.No. 540 of 2010() --------------------------------- CC.133/2009 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED NOS. 3 & 7 ------------------------- 1. EAPEN PHILIP, AGED 28 YEARS, S/O. EAPENPHILIPOSE, ANGADIPATTU VEETTIL, KOMBAZHUTHUMALA, VENNIKKULAM, PURAMATTOM VILLAGE, PATHANAMTHITTA DISTRICT. 2. JOMON SCARIA, AGED 25, S/O. JOSE SCARIA, CHURULUKUZHIYIL, VENNIKKULAM MURI, PURAMATTOM VILLAGE, PATHANAMTHITTA DIST. BY ADV. MR.P.HARIDAS RESPONDENT(S): STATE & COMPLAINANT ------------------------ 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOYIPURAM. BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ======================== Crl.M.C No.540 OF 2010 ==================== Dated this the 16th day of February, 2010. O R D E R Petitioners are accused Nos.3 and 7 in C.C.No.133/2009. This petition is filed for a direction to the Magistrate to recall the warrant and to consider the application for bail on the date of surrender itself. When the accused surrenders and files an application for bail, it is for the Magistrate to consider the same and pass appropriate order thereon in accordance with law without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this Court or that Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR,JUDGE. mns