IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Crl.MC.No. 4072 of 2009() ------------------------- CC.124/1991 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... (CRIME NO.117/89 OF TOWN POLICE STATION, KOZHIKODE) PETITIONER(S): ACCUSED: ----------------------------------------- V.P. ABDUL MAJEED, S/O. SAIDALIKUTTY, 'FARHAN MAHAL', NALLALAM P.O., AREECODE, KOZHIKODE-673 027. BY ADV. MR.K.A.SALIL NARAYANAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4072 OF 2009 =========================== Dated this the 16th day of December,2009 ORDER Petitioner is the first accused in C.C.256/1989 now pending as C.C.124/1991, after splitting up the case as against him. By Annexure 1 judgment accused 2 and 3 were acquitted. A non bailable warrant is pending as against the petitioner. This petition is filed to quash the non bailable warrant issued or in the alternative to direct the Magistrate to release the petitioner on bail on the date of surrender. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of learned counsel is that Annexure 1 judgment shows that de facto complainant did not even appear before the learned Magistrate and in such circumstances, Crl.M.C.4072/2009 2 it is futile to remand the petitioner for the reason that he did not appear earlier and a positive direction is to be issued to the Chief Judicial Magistrate to release the petitioner on bail on the date of surrender. 4. When an accused surrenders and files an application for bail, it is for the Magistrate to decide whether he is to be released on bail or not. It is upto the petitioner to bring to the notice of Chief Judicial Magistrate Annexure 1 judgment and the fact that de facto complainant did not appear in that case. I find no reason to believe that Magistrate will not take into consideration the said facts, while considering the application for bail. 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 Magistrate is unaware of the provisions of law or the decisions of this court or the Apex Court or that Magistrate Crl.M.C.4072/2009 3 will not act in accordance with law. In such circumstance, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006