IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Crl.MC.No. 1707 of 2009() ------------------------- CC.97/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI CRIME NO.59/2003 OF IDUKKI POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- SIBY, S/O. DEVASIA, KURYATHA HOUSE, CHINNAR KARA, KONNATHADI VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------------------- Crl.M.C. No. 1707 OF 2009 --------------------------------------- Dated this the 25th day of May, 2009 O R D E R Petitioner is the 6th accused in C.C. No.257/2003 on the file of the Judicial First Class Magistrate, Idukki. On the failure of the petitioner to appear before this court case as against him was split up as C.C. No.97/2006. This petition is filed under section 482 of the Cr.P.C. for a direction to the Magistrate to pass orders in the application for bail when the petitioner surrenders and moves the application. 2. The case against the petitioner has to be split up on his failure to appear. If the petitioner surrenders and files an application for bail with notice to the Assistant Public Prosecutor, the Magistrate is expected to pass orders without delay. I find that no direction is necessary, as even without direction the Magistrate is expected to pass orders in the event of filing an application for bail, after surrender, without any delay The Crl.M.C. is therefore dismissed. M.SASIDHARAN NAMBIAR JUDGE vps