IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Crl.MC.No. 3117 of 2009() --------------------------------------- (CRIME NO.708/2008 OF KANNUR TOWN POLICE STATION) PETITIONER(S): ACCUSED NO.17: -------------------------------------------------- SMT.KHAIRUNNISA, W/O.HAMZA, AGED 52 YEARS, BEKKAL HOUSE, P.O.PALLIKKARA, KASARAGOD DISTRICT. BY ADV. MR.M.V.AMARESAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3117 OF 2009 =========================== Dated this the 29th day of September,2009 ORDER Petitioner is the accused No.17 in Crime No.708/2008 of Kannur Town Police Station. Petition is filed for a direction to the Magistrate to dispose the application for bail on the date of his surrender and also to grant the benefit of proviso to Section 437(1) of Code of Criminal Procedure. 2. The question whether petitioner is to be granted bail and whether she is entitled to the benefit as claimed are all matters to be decided by the learned Magistrate. 3.When an 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 Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006