IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Crl.MC.No. 3683 of 2009() -------------------------------------- CP.35/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- GANESH, S/O.JAGANNADHA, J.P.NAGAR, ANANGOOR, KASARAGOD. BY ADVS.MR.T.G.RAJENDRAN MR.T.R.TARIN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3683 OF 2009 ------------------------------------------ Dated 16th November 2009 O R D E R Petitioner is the second accused in C.P.35/2009 of the file of Judicial First Class Magistrate, Kasaragod. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I summons issued by the learned Magistrate directing the petitioner to appear on 2/4/2009. Even according to the petitioner he had appeared through a counsel on that day and the case was thereafter adjourned to 18/5/2009. In such circumstances, I find no necessity to quash Annexure-I summons. 2. Learned counsel submitted that though counsel for the petitioner had appeared, later on the failure of the petitioner to appear a non bailable warrant is issued and as per final report offence under Section 55(a) read with Section 34 of Indian Penal Code is committed and petitioner is ready to surrender before the Magistrate and necessary direction be issued to consider the application for Crmc 3683/09 2 bail on the date of surrender. 3. 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.