IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Crl.MC.No. 1806 of 2009 ---------------------------------- CC.33/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, THAMARASSERY. .................... PETITIONER/ ACCUSED: ----------------------------------- K.USSAIN, S/O.KHADER, KUNNUMMEL HOUSE, PUTHOOR AMSOM DESOM, POST PUTHOOR, KODUVALLY. BY ADV. MR.P.V.KUNHIKRISHNAN. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KODUVALLY. 2. STATE OF KERALA, REPRESENTED BY 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 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1806 of 2009 ================== Dated this the 3rd day of June, 2009. O R D E R Petitioner is the second accused in C.C.No.33/2008 on the file of Judicial First Class Magistrate Court-I, Thamarassery. Offences alleged against accused are under Sections 143, 147, 148, 323, 324 and 506(1) read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate to release petitioner in the event of his surrender. 2. Learned Counsel appearing for the petitioner was heard. 3. Learned Counsel submitted that other accused were already released on bail and unless a direction is issued, the Magistrate will not grant bail on the date of his surrender. Crl.M.C.No.1806/2009 -2- 4. When an absconding accused surrenders before Magistrate and files an application for bail, the Magistrate is expected to pass orders in that application without delay. I do not find any reason to believe that the Magistrate will not act in accordance with law. Hence it is not necessary to issue the direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr