IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1773 of 2009 -------------------------------- CP.10/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM IN CRIME NO.419/2008 OF KILIKOLLOOR POLICE STATION .................... PETITIONER(S): --------------- 1. SURESH KUMAR, AGED 29 YEARS S/O.PANKAJAKSHAN PILLAI, AKASH BHAVAN CHENTHAPUR CHERI,THRIKKOVILVATTOM,KOLLAM DIST. 2. BIJU, AGED 22 YEARS S/O.RAMADAS, CHIRAYIL VEEDU CHENTHAPUR CHERI,THRIKKOVILVATTOM,KOLLAM DIST. 3. PRADEESH, AGED 24 YEARS S/O.KRISHNANKUTTY, KRISHNAVILASAM CHENTHAPUR CHERI,THRIKKOVILVATTOM,KOLLAM DIST. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1773 of 2009 ================== Dated this the 1st day of June, 2009. O R D E R Petitioners are accused 1, 2 and 3 in C.P.No.10/2009 on the file of Judicial First Class Magistrate Court-I, Kollam. Non-bailable warrant was issued due to the non-appearance of petitioners. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Magistrate to enlarge petitioners on bail on the date of their surrender. 2. Learned Counsel appearing for the petitioners was heard. 3. When an absconding accused surrenders before Magistrate and files an application for bail, Magistrate is expected to pass orders on the application without delay. Crl.M.C.No.1773/2009 -2- I do not find any reason to believe that the Magistrate will not act in accordance with law. Hence I do not find it necessary to issue the direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr