IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 2396 of 2009 -------------------------------- AGAINST THE ORDER IN LP 33/07 IN CC.460/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): 2ND ACCUSED: -------------------------------------------- ABDULLA @ SHAMSU, AGED 48 YEARS, S/O.MOIDEEN HAJI ANAPPARA, KANTHAPURAM, UNNIKULAM P.O., KOZHIKODE. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): COMPLAINANT: ------------------------------------------------ THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2396 OF 2009 =========================== Dated this the 23rd day of July,2009 ORDER Petitioner is the accused in C.C.460/2006 now pending as L.P.33/2007 on the file of Judicial First Class Magistrate Court-I, Thamarassery. When an accused against whom a non-bailable warrant is pending 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 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 circumstance, petitioner is not entitled to get an order in anticipation. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006