IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Crl.MC.No. 587 of 2009(E) ------------------------------------ (CC.NO.509/2005 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM) .................... PETITIONER/ ACCUSED NO.2: ------------------------------------------- VARGHESE KURIAN, S/O. VARGHESE, PUTHENPURACKAL VEEDU, SEETHATHODU.P.O, PATHANAMTHITTA. BY ADV. MR.SURIN GEORGE IPE. RESPONDENTS/ COMPLAINANT AND STATE: ----------------------------------------------------------------- 1. JOSY MANJOORAN, S/O. CHERIAN MANJOORAN, CC XXXI/206, MANJOORAN HOUSE, KONTHURUTHY, THEVARA, KOCHI, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 BY ADV. MR.MILLU DANDAPANI, R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/09/2009, ALONG WITH CRL.M.C NO.1310 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.587 & 1310 OF 2009 =========================== Dated this the 24th day of August,2009 ORDER Accused filed these petitions under section 482 of Code of Criminal Procedure to quash Annexure V (in Crl.M.C 587/2009 which is Annexure II (in Crl.M.C.1310/2009) protest complaint and the cognizance taken by the learned Magistrate. Learned counsel submitted that with liberty to raise all the contentions before the learned Magistrate the petitions may be dismissed. Learned counsel also submitted that the learned Magistrate may be directed to consider the application for bail to be moved by the petitioner in Crl.M.C.587/2009 on the date of his surrender. 2. First respondent had filed a counter along with documents. 3. In view of the submission of the learned counsel the petitions are dismissed as withdrawn. The learned counsel for the petitioner submitted that a direction be issued to enlarge the petitioner in Crl.M.C.587/2009 on bail. 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 Crl.M.C.587 & 1310 of 2009 2 reason to believe that the Magistrate is unaware of the provisions of law or the decision of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence no direction is warranted. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006