IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2843 of 2009() ----------------------------------- L.P.48/2009 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA. .................... PETITIONER/1ST ACCUSED IN C.C.622/2008: --------------------------------------------------------------- MUSTHAFA KAMAL, AGED 42, S/O.MOHAMMED ALI, PANDARAPETTI HOUSE, P.O. VENGOOR, VIA. PATTIKKAD, MALAPPURAM DISTRICT. BY ADV. MR.K.SHIBILI NAHA SMT.A. LOWSY RESPONDENT/STATE: ------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2843 of 2009 -------------------------- ORDER Petitioner is the absconding accused in L.P.No. 48/2009 on the file of Judicial First Class Magistrate's Court-II, Perinthalmanna. According to the petitioner, he absconded at the stage when the case was posted for questioning under Section 313 of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure for consideration of the application for bail to be moved by the petitioner on the date of surrender, contending that the other accused were already acquitted after trial. 2. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders on the application without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate CRMC 2843/09 2 will not act in accordance with law. Hence, no direction is warranted. 3. Learned counsel appearing for the petitioner also sought a direction to the Magistrate to dispose the case within a time frame. If the prosecution evidence was recorded and petitioner absconded at the stage when the case was posted for questioning under Section 313 of Code of Criminal Procedure, I find no reason why the Magistrate shall not dispose the case within thirty days from the date of appearance of the petitioner. Petition is disposed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv