IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.MC.No. 3196 of 2009() ------------------------- CRIME NO.834/2008 OF THIRUVALLA P.S. (PATHANAMTHITTA DISTRICT) C.P.23/09 OH Judicial First Class Magistrate, THIRUVALLA PETITIONER(S): ACCUSED ---------------------- VIMALA, W/O.SASINDRAN, POLACHIRAYIL VEEDU, PUTHORIKKATTU MALABHAGOM, MEETHALAKKARA MURIYIL, KUTTAPPUZHA, THIRUVALLA, PATHANAMTHITTA DIST. BY ADV. SRI.C.K.SASI SRI.P.K.RAVI RESPONDENT(S): COMPLAINANTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DIST. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3196 OF 2009 ------------------------------------------ Dated 6th October 2009 O R D E R Petitioner is the third accused in crime No.834/2008 of Thiruvalla police station now pending as C.P.23/2009 before the Judicial First Class Magistrate, Thiruvalla taken cognizance for the offences under Section 306 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to Thiruvalla police to release the petitioner on bail in the event of her arrest. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-III copy of the order in C.P.23/2009 shows that learned Magistrate has taken cognizance for the offence under Section 306 read with Section 34 of Indian Penal Code against three accused and on 23/6/2009 petitioner and second accused appeared through a counsel and applied and the case was then adjourned to 29/6/2009 and they again CRMC 3196/09 2 applied without appearing before the learned Magistrate and the application was dismissed and non bailable warrant was issued. In such circumstances, it is for the petitioner to surrender before the learned Magistrate and apply for bail. Question whether bail is to be granted or not, is to be decided by the learned Magistrate. 4. 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 the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.