IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4490 of 2010() ------------------------- CC.457/2009 of JUDL. FIRST CLASS MAGISTRATE COURT-I, THRISSUR ................. PETITIONER / ACCUSED: ----------------------------------- P.N. INDIRA, AGED 47 YEARS, W/O. K.R. GIREESHAN, KOTTADAYIL HOUSE, NETTOOR P.O., MARADU, KOCHI – 682 304. BY ADVS. SRI.A.B.JALEEL SRI.P.H.SHAJI (THRIKKAKARA) RESPONDENT / COMPLAINANT : ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4490 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R Petitioner is the accused in C.C.No.457 of 2009 on the file of Judicial First Class Magistrate Court-1, Thrissur. Petition is filed for a direction to the Magistrate to consider the application for bail on the date of surrender. When the accused surrenders and files an application for bail, it is for the Magistrate to consider whether she is to be released on bail or not, in accordance with law, without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or that the Magistrate will not act in accordance with law. I also do not believe that if summons was not served on the petitioner, learned Magistrate will not release her on bail, even if a non bailable warrant was issued. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE mns