IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Crl.MC.No. 2550 of 2009() ----------------------------------- CC.126/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PONNANI .................... PETITIONER/1ST ACCUSED --------------------------------------- NOUSHAD P.V., S/O.MOHAMMED KUTTY, THANDALAM VALAPPIL HOUSE, VETTOM, NARAYANANPADY, TIRUR TALUK. BY ADV. MR.K.B.ARUNKUMAR RESPONDENT/COMPLAINANT ------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2550 of 2009 -------------------------- ORDER Petitioner is the first accused in C.C.No.126/2006 on the file of Judicial First Class Magistrate's Court, Punalur. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the application for bail to be filed by the petitioner on the date of his surrender, as a non bailable warrant is pending against him consequent to his failure to appear, when one of the four accused was tried and acquitted. 2. 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. 5th August, 2009 (M.Sasidharan Nambiar, Judge) tkv