IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.MC.No. 2145 of 2009 ------------------------- CP.71/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER: -------------- KOCHUMON, S/O. GOPALAN, VADAKKEPULLAN HOUSE, MULAKUZHA MURI, MULAKUZHA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.IYPE JOSEPH SRI.V.MANOJ KUMAR RESPONDENT/COMPLAINANT/STATE: ---------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2145 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2009 O R D E R Petitioner is the absconding accused in CP No.71 of 2009 on the file of Judicial First Class Magistrate Court, Chengannur. This petition is filed for a direction to the Magistrate to consider the bail application on the date of his surrender and to release him on bail. When an absconding accused surrenders and files an application for bail, the Magistrate is expected to pass orders in the application without delay. The question whether bail is to be granted or not is to be taken by the Magistrate. I find no reason to believe that the Magistrate is unaware of the provisions of the law or the decisions of this Court or the Apex court or that the Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE ttb