IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3733 of 2010 () ------------------------- (CRIME NO.43/1997 OF KOLLENGODE RANGE, CC.266/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR NOW OENDING AS I.P.53/2004) .................... PETITIONER/1ST ACCUSED: --------------------------------------- JOHNSON, S/O.PAPPU, PALIYEKKARA HOUSE KODAKARA VILLAGE,PERAMBRA DESOM. BY ADV. SRI.T.N.MANOJ RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA REP. BY THE EXCISE CIRCLE INSPECTOR KOLLENGODE EXCISE RANGE, PALAKKAD DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR , SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3733 OF 2010 --------------------------------------------- Dated 9th September, 2010 O R D E R Petitioner is the accused in C.C.266/1998 now pending as L.P.53/2004 on the file of Judicial First Class Magistrate's Court, Chittoor. This petition is filed for a direction to the Magistrate to consider his application for bail on the date of surrender and to release him on bail as he did not receive the summons. 2. It is upto the petitioner to raise the contention at the time of surrender before the learned Magistrate and seek an order for bail as it is for the Magistrate to consider the plea. I find no reason to believe that the Magistrate is unaware of the provisions of law or the Crmc 3733/10 2 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. uj.