IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1822 of 2009 --------------------------------- LP.NO.49/2004 OF JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE. .................... PETITIONER/ACCUSED: ---------------------------------- ANILKUMAR,S/O.VELAYUDHAN,NALLALAM P & T QUARTERS,NALLALAM. BY ADV. MR.P.V.KUNHIKRISHNAN. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION,NALLALAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1822 of 2009 ================== Dated this the 4th day of June, 2009. O R D E R Petitioner is the absconding accused in L.P.No.49/2004 on the file of Judicial First Class Magistrate Court-V, Kozhikode. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate to release the petitioner on bail in the event of his surrender. 2. Learned Counsel appearing for the petitioner was heard. 3. When an absconding accused surrenders before the Magistrate and files an application for bail, the Magistrate is expected to pass orders in the bail application without delay. Though learned Counsel sought for a Crl.M.C.No.1822/2009 -2- direction to the Magistrate to release the petitioner on bail, I do not find it necessary to issue any direction as I find no reason to believe that the Magistrate will not act in accordance with law. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr