IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Crl.MC.No. 1860 of 2009() ------------------------- CP.25/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KANJIRAPPALLY .................... (CRIME NO.125 OF 2007 OF PONKUNNAM POLICE STATION) PETITIONER(S): 6TH ACCUSED: -------------------------------------------------- SANTHOSH, S/O.KUMARAN, PAREEKKAL HOUSE, KURUMBALAMATTOM, KARIMANNOOR KARA, IDUKKI DISTRICT. BY ADV. MR.LATHEESH SEBASTIAN RESPONDENT(S): STATE: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.3082/2009 IN CRMC.NO.1860/2009 DISMISSED 8/06/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1860 OF 2009 ------------------------------------------ Dated 8th June 2009 O R D E R Petitioner is the absconding sixth accused in Crime No.125/2007 of Ponkunnam police station registered for the offences under Sections 450 and 397 of Indian Penal Code, now pending as C.P.25/2007 before the Judicial First Class Magistrate, Kanjirapally. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the application for bail on the date of his surrender. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel submitted that unless an order is passed directing the Magistrate to consider the bail application, it will not be considered on the date of his surrender. 4. When an absconding accused surrenders before the court and files an application for bail, Magistrate is expected to pass orders in the CRMC 1860/09 2 application without delay. I do not find any reason to believe that Magistrate will not act in accordance with law. Hence no direction is necessary. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.