IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Crl.MC.No. 2280 of 2009 -------------------------------- CC.974/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): ACCUSED ------------------------------------- BIJUKUMAR, THATATHARIKATH KOCHU VEEDU, VATTATHAMARA P.O., KOTTARAKKARA. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.THOMAS J.AMBOOKAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2280 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.974/2005 on the file of Judicial First Class Magistrate's Court-II, Kottarakara. Non bailable warrant is pending against the petitioner. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the application for bail to be moved on the date of his surrender itself. 2. Learned counsel appearing for the petitioner was heard. 3. When an absconding accused, against whom a non bailable warrant is pending, 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. In such circumstances, no direction is warranted. Petition is disposed. 14th July, 2009 (M.Sasidharan Nambiar, Judge) tkv