IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Crl.MC.No. 2431 of 2009() ------------------------- CC.4/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... (CRIME NO.347 OF 2005 OF KANNUR TOWN POLICE STATION) ...... PETITIONER(S): 5TH ACCUSED: ------------------------------------------------ DHANITH LAL.S.NAMBIAR, S/O.SREEDHARAN NAMBIAR, ANASWARA, KOTTOOR, KADACHIRA, KANNUR DISTRICT. BY ADV. MR.P.K.RAVISANKAR RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2431 OF 2009 =========================== Dated this the 24th day of July,2009 ORDER Petitioner is the accused in C.C.4/2008 on the file of Judicial First Class Magistrate-I, Kannur. This petition is filed for a direction to the Magistrate to release the petitioner on bail on the date of his surrender. 2. Learned counsel appearing for the petitioner was heard. 3. The question whether petitioner is to be released on bail or not is to be decided by the Magistrate. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or decision of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006