IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Crl.MC.No. 629 of 2010() ------------------------------------- CC.NO.516/05 OF JFCM I, NORTH PARUR .... (CRIME NO.34/04 OF ELOOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- SRI.M.T.SATHEESAN, AGED 51 YEARS, S/O.M.KARUNAN, MURIYIL, H.NO.3, 3RD PARLIAMENT STREET, NEW DELHI. BY ADV. MR.K.V.SABU RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2010 ALONG WITH CRMC.NO.640 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------------------- CRL.M.C.NOs.629 & 640 OF 2010 ----------------------------------------------------- Dated 23rd February 2010 O R D E R Petitioner is the accused in C.C.516/2005 as well as the accused in C.C.517/2005 on the file of Judicial First Class Magistrate-I, North Paravur taken cognizance for the offence under Sections 403 and 420 of Indian Penal Code. Petitions are filed under Section 482 of Code of Criminal Procedure to quash the cases without impleading the de facto complainant contending that ingredients of the offences are not attracted and therefore, cognizance taken are to be quashed. Without impleading the de facto complainant the cases cannot be quashed as sought for. 2. Learned counsel then submitted Crmc 629 & 640/10 2 that petitioner may be granted liberty to surrender before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. It is submitted that learned Magistrate may be directed to consider the application for bail on the date of his surrender. 3. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders in the application 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 the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petitioner is at liberty to seek an order of discharge under Section 239 of Crmc 629 & 640/10 3 Code of Criminal Procedure raising all the contentions raised herein. Petitions are disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.