IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1843 of 2009 ---------------------------------- CP.7/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER/ACCUSED: ---------------------------------- KASIM, S/O.IBRAHIM, KAPOORI HOUSE, KADUNGALLUR VILLAGE ERNAKULAM DISTRICT. BY ADV. MR.SUNNY MATHEW. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE CHENGAMANAD POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1843 of 2009 ================== Dated this the 5th day of June, 2009. O R D E R Petitioner is the absconding fifth accused in C.P.No. 7/2009 on the file of Judicial First Class Magistrate Court-I, Aluva. The offence alleged is under Section 395 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to consider the bail application on the date of his surrender. 2. Learned Counsel appearing for the petitioner was heard. 3. When an absconding accused surrenders and files an application for bail, the Magistrate is expected to pass orders in the bail application without delay. I do not find any reason to believe that the Magistrate will not pass an order in the bail application without undue delay. In such circumstances, I do not find it necessary to give any direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr