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. 1870 of 2009() -------------------------------------- CC.NO.184 OF 2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, PERINTHALMANNA. ............ (CRIME NO.18 OF 2008 OF KOLATHUR POLICE STATION) PETITIONER(S): 3RD ACCUSED: ----------------------------------------------- BASHEER, S/O.MAMMAD VAZHENGAL HOUSE, AMBALAPADI, KOLATHUR, MALAPPURAM DISTRICT. BY ADV. MR.DEVIDAS.U.K RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR, KOLATHUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1870 OF 2009 ------------------------------------------ Dated 8th June 2009 O R D E R Petitioner is the absconding accused in C.C.184/2008 of Judicial First Class Magistrate, Perinthalmanna. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to grant bail in the event of his surrender. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel submitted that dispute with the defacto complainant was settled and the offences are compoundable and therefore a direction be issued to grant bail. 4. Even if an accused is absconding, when offences alleged are bailable and on the date of the surrender by the accused an application under Section 320 of Code of Criminal Procedure is filed for permission to compound the offence, Magistrate will not remand the accused. I find no reason to believe CRMC 1870/09 2 that Magistrate will not pass appropriate order in the application for compounding the offence or in the application for bail, if accused surrenders. In such circumstances, no direction is necessary. Petition is disposed of. M.SASIDHARAN NAMBIAR, JUDGE. uj.