IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Crl.MC.No. 1688 of 2009 ---------------------------------- (CRIME NO. 169/2002 OF THAMPANOOR POLICE STATION) ............ PETITIONER/ ACCUSED: ----------------------------------- SUBAIR BUHAREE, BUHAREE MANZIL, NEAR SCHOOL THEKKUMBHAGOM, KOLLAM. BY ADV. MR.M.V.S.NAMBOOTHIRY. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1688 OF 2009 =========================== Dated this the 23rd day of May,2009 ORDER Petitioner is the accused in C.C.890/2002 on the file of Judicial First Class Magistrate Court III, Thiruvananthapuram. This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Magistrate to release the petitioner on bail if he surrenders and files an application for bail. Admittedly on the failure of the petitioner to appear, steps under section 82 and 83 of Code of Criminal Procedure were initiated and non-bailable warrant was also issued. Petitioner is not entitled to a direction to the Magistrate to release him on bail. That is a question to be decided by the Magistrate. If the petitioner surrenders before the Magistrate and files an application Crl.M.C .1688/2009 2 for bail, the Magistrate is expected to pass orders in the application without any delay. There is no reason to believe that Magistrate will not pass orders as provided by law. In such circumstance, no direction is necessary. Crl.M.C is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.M.C.NO.1603 /09 --------------------- ORDER 22nd MAY,2009