IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Bail Appl..No. 7463 of 2009() ------------------------------------------ (CRIME NO.1390/2009 OF PANANGAD POLICE STATION, ERNAKULAM) PETITIONER/5TH ACCUSED: ------------------------------------------ TIJIN GEORGE,AGED 25 YEARS, S/O.M.R.GEORGE,MADATHIPARAMBIL, NEAR AQUINAS COLLEGE,EDAKOCHI,KOCHI-6. BY ADVS. MR.ASOK M.CHERIAN, MR.SANTHOSH G.PRABHU, MR.S.KANNAN NAIR, SMT.S.RAKHEE. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER,PANANGAD POLICE STATION,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- B.A.No.7463 of 2009 -------------------------- ORDER Petitioner is the fifth accused in Crime No. 1390/2009 of Panangad Police Station, registered for the offences under Sections 143, 147, 148, 447 and 307 read with Section 149 of Indian Penal Code and Section 25(1) of Arms Act. This application is filed under Section 438 of Code of Criminal Procedure for anticipatory bail as the attempt to get anticipatory bail from Sessions Judge failed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that all the other accused, except the first accused, were released on bail and in such circumstances, petitioner be granted anticipatory bail. 4. If the other accused, who are standing identically, were released on regular bail, I do BA 7463/09 2 not find it necessary to invoke the extraordinary jurisdiction of this Court under Section 438 of Code of Criminal Procedure to grant anticipatory bail to the petitioner. Petitioner is at liberty to surrender and apply for regular bail. 5. Learned counsel then submitted that there may be a direction to pass orders on the application for bail to be moved by the petitioner on the date of surrender. 6. 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 will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 18th December, 2009 (M.Sasidharan Nambiar, Judge) tkv