IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Crl.MC.No. 2125 of 2009() ------------------------- CC.296/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ------------------------ PRABHA W/O. P.C.GOPALAN, KUNNATHODI HOUSE, POST NELLAYA, CHERPALASSERI OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRERSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUNJUMOHAMMED S/O. MOHAMMED HAJI, NJATTUVELATHODI, MUTHUTHALA, OTTAPALAM TALUK. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2125 OF 2009 =========================== Dated this the 1st day of July,2009 ORDER Petitioner is the absconding accused in C.C.296/2006 on the file of Judicial First Class Magistrate Court, Pattambi. This petition is filed for a direction to the Magistrate to pass orders in the bail application when moved on the date of his surrender. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel submits that there are sufficient reason for the failure of the petitioner to appear as he was appearing regularly earlier. 4. When an absconding accused surrenders and files an application for bail, 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 Magistrate will not act in accordance with law or that the Magistrate will not consider the facts stated by the Crl.M.C.2125/2009 2 petitioner. In such circumstance, no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006