IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Crl.MC.No. 1932 of 2009() ------------------------- CP.25/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER / ACCUSED ---------------------- MADHAVAN UNNI, S/O.R.K.MENON, AGED 73 YEARS, LAKSHMI BUILDING, ETHANOOR P.O., KODUVAYOOR, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI. K.MOHANAKANNAN SMT. A.R.PRAVITHA RESPONDENT / RESPONDENT ------------------------- STATE OF KERALA - REPRESENTED BY SUB INSPECTOR OF POLICE, PUDUPARIYARAM POLICE STATION - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1932 of 2009 ================== Dated this the 16th day of June, 2009. O R D E R Petitioner is the accused in C.P.No.25/2009 on the file of Judicial First Class Magistrate Court, Chittoor. The case against the petitioner is that he committed offences under Sections 341, 323 and 294(b) of Indian Penal Code and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure A3 complaint filed before the Magistrate and Annexure A4 FIR registered by the Police based on the order for investigation under Section 156(3) of Code of Criminal Procedure. Petitioner has also sought an alternative relief to release him on bail, when he appears before the Magistrate. 2. Learned Counsel appearing for the petitioner was heard. Crl.M.C.No.1932/2009 -2- 3. When Annexure A3 complaint was forwarded to the police for investigation under Section 156(3) of Code of Criminal Procedure and the final report has already been filed before the Magistrate, if at all, petitioner has to get the final report quashed and not Annexures A3 and A4. 4. Learned Counsel appearing for petitioner submitted that unless there is a direction to release the petitioner on bail, it is likely that petitioner, an aged man, would be remanded to custody. 5. When an accused surrenders before the Court and applies for bail, the Magistrate is expected to pass orders on the application for bail without any delay. I do not believe the submission that Magistrate is not aware 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 dkr