IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.MC.No. 2708 of 2009 -------------------------------- ST.947/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA ........................................... PETITIONER(S)/ACCUSED ------------------------------------- HANEEFA K.K., S/O. IBRAHIM HAJI, KACLEEKOYIL HOUSE, MOODADI AMSOM, VANMANGALAM DESOM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S)/COMPLAINANT AND STATE ----------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. HABBEB P., S/O. MAMMU, PANIKKARETH HOUSE, THALIPARAMBA. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2708 of 2009 ---------------------------- ORDER Petitioner is the accused in S.T.No.947/2008 on the file of Judicial First Class Magistrate's Court, Taliparamba. 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 by the petitioner on the date of surrender. I find no reason to believe that for the reason that complainant is an Advocate, the accused would be remanded as apprehended. 2. When an accused surrenders and files an application for bail, Magistrate is expected to pass order on the application without delay. I do not believe that the 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. Learned counsel appearing for CRMC 2708/09 2 the petitioner then submitted that Magistrate is not considering the application filed by the petitioner under Section 205 of Code of Criminal Procedure. I do not believe that Magistrate will not consider the application filed under Section 205 of Code of Criminal Procedure, if filed. Hence, no direction is warranted. Petition is disposed. 18th August, 2009 (M.Sasidharan Nambiar, Judge) tkv