IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4856 of 2010() ------------------------------------- IN LP 36/2009 AND C.P.135/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S): ACCUSED -------------------------------------- SHYMON, S/O.DAMODARAN, NADUVATHUSSERIL VEEDU, VENGAL, ASHIYIDATHUCHIRA, PERINGARA. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR OF POLICE, PERINGARA. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M. SASIDHARAN NAMBIAR, J. ----------------------------------------------- Criminal M.C. No. 4856 of 2010 ------------------------------------------------ Dated this the 13th day of December, 2010 ORDER Petitioner, the accused in C.P.No.135/2007 on the file of Judicial First Class Magistrate Court, Thiruvalla filed this petition for a direction to the Magistrate to consider the application for bail on the date of surrender and to release him on bail. 2. When an accused surrenders and files an application for bail it is for the Magistrate to consider the same without delay in accordance with law. It is not for this Court to direct the learned Magistrate to release the petitioner on bail. I do not think that the learned Magistrate is not aware of the provisions of law or the decision of this Court or that Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE. rkc