IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1768 of 2009 -------------------------------- CC.112/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): --------------------- BABU RAGHAVAN, S/O.RAGHAVAN, ALAPPAMANNIL, SHUTTER MUKKU, VYVALLI BHAGHAM MURIYIL, OMALLUR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAJITH KUMAR V. SMT.G.R.LEKSHMI SRI.RINOY JOSEPH RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1768 of 2009 ================== Dated this the 1st day of June, 2009. O R D E R Petitioner is the absconding 1st accused in C.C.No.112/2006 on the file of Chief Judicial Magistrate Court, Pathanamthitta. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate to recall non-bailable warrant and to consider the application for bail on the date of his surrender. 2. Learned Counsel appearing for petitioner was heard. 3. When an absconding accused surrenders and files an application for bail, the Magistrate is expected to pass orders in the application without delay. I do not find any reason to believe that the Magistrate will not act in accordance with law. In such circumstances, I do not find it necessary to issue the direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr