IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Crl.MC.No. 2106 of 2009() -------------------------------------- S.C.NO.372 OF 2004 OF SESSIONS COURT, ALAPPUZHA. ...... (CRIME NO.193 OF 2003 IN MOHAMMA POLICE STATION) PETITIONER:ACCUSED 1 & 2: -------------------------------------------- 1. BINU, THAIPPARAMBU HOUSE POLLATHAI P.O., ALLEPPEY DISTRICT. 2. RAJESH, CHERUVELIL HOUSE PONNAD PO, ALAPPUZHA. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, MOHAMMA POLICE STATION, ALAPPUZHA, (CR.NO.193/2003) 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2106 OF 2009 =========================== Dated this the 1st day of July,2009 ORDER Petitioner is the absconding accused in S.C.372/2004 on the file of Sessions Court, Alappuzha. This petition is filed for a direction to the Sessions Court to recall the non-bailable warrant issued and to consider the application to be filed by the petitioner on the date of his surrender. 2. Learned counsel appearing for the petitioner was heard. 3. When an absconding accused against whom a non- bailable warrant is issued surrenders and files an application, Sessions Judge is expected to pass orders in the application without delay. I find no reason to believe that the Sessions Judge is unaware of the provisions of law or the decisions of this Court or the Apex Court or that the Magistrate will not act in accordance with law. Hence no direction is necessary. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006