IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Crl.MC.No. 1698 of 2009 ---------------------------------- (SC.NO.55/2004 OF ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM, CRIME NO. 217/2001 OF THRIKKAKARA POLICE STATION) .................... PETITIONER/ ACCUSED NO.6: -------------------------------------------- SHAJAHAN @ SHAJI,S/O.ABUBACKER, AGED 32 YEARS, MANNOPPILLI HOUSE, LAKSHAMVEEDU COLONY, KOONAMTHAI KARA, EDAPPALLI NORTH VILLAGE. BY ADV. MR.P.M.ZIRAJ. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REPRESENTED BY SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1698 OF 2009 =========================== Dated this the 23rd day of May,2009 ORDER Petitioner is the sixth accused in S.C.55/2004 on the file of Additional Sessions Court, Ernakulam. As the petitioner did not appear, non-bailable warrant was issued. According to petitioner, he got employment in Mumbai and hence could not appear and he is prepared to surrender and a direction is to be issued to the Sessions Judge to consider the application for bail, as the other accused stand acquitted after trial. 2. Petitioner is an absconding accused. If he surrenders before the Sessions Judge and files an application for bail, Sessions Judge is expected to pass orders in the bail application without any delay. In such circumstances, I do not find it necessary to Crl.M.C.1698/2009 2 give any positive direction as even otherwise Sessions Judge is expected to pass orders without delay. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006