IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Crl.MC.No. 819 of 2010() ----------------------------------- CRIME NO.84/2007 OF KADIRUR POLICE STATION IN C.C. NO.537/2007 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY AND SPLIT UP CC.207/2009 DATED 30/04/2009. .................... PETITIONER/ACCUSED NO.1 ------------------------------------------ N.A. NOUSHEER, S/O.MUHAMMEDALI, AGED 29 YEARS, NISHANA MANZIL, ERUVATTY AMSOM, KEEZHUR PUTHUPPERI MUKKU, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. MR.C.KHALID, MR.T.P.SAJID, SMT.NAMITHA JYOTHISH. RESPONDENT(S): -------------------------- 1. P.V. SUHARA, D/O.ABDU, AGED 24 YEARS, MISBAH, C.H. NAGAR, PULLIODE, KADIRUR, KANNUR DISTRICT. 2. SUB INSPECTOR OF POLICE, KADIRUR POLICE STATION, KODIRUR,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.819 OF 2010 ------------------------------------------ Dated 9th March 2010 O R D E R Petitioner is the first accused in C.C.537/2007 subsequently re-filed as C.C.207/2009 on the file of Additional Chief Judicial Magistrate, Thalassery after acquitting the other accused by Annexure-5 judgment. Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Chief Judicial Magistrate to release the petitioner on the date of his surrender. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Though learned counsel appearing for the petitioner sought a relief to quash Crmc 819/10 2 the proceedings pending before the learned Magistrate on the ground that the co-accused were acquitted, as held by the Full Bench of this court, based on the judgment acquitting the co-accused, an absconding accused in not entitled to get the case as against him quashed. 4. Learned counsel then submitted that there may be a direction to the Magistrate to release the petitioner on bail. When an accused surrenders and files an application for bail, the 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 Crmc 819/10 3 Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.