IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Crl.MC.No. 2131 of 2009() ------------------------- CP.20/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): 1ST ACCUSED: ----------------------------------------------- ANNESH @ KUTTAPPAN, S/O. VIJIYAN, OTTAPLAVU NILKUNNATHIL HOUSE,ELAVUMTHITTA MURI, MEZHUVELI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADVS. MR.M.V.THAMBAN, MR.R.REJI, MR.B.BIPIN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE PANDALAM POLICE STATION. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2131 OF 2009 =========================== Dated this the 1st day of July,2009 ORDER Petitioner is the first accused in C.P.20/2008 on the file of Judicial First Class Magistrate Court, Adoor. This petition is filed for a direction to the Magistrate to grant bail to the petitioner on the date of his surrender. 2. Learned counsel appearing for the petitioner was heard. 3. When an absconding accused surrenders and files an application for bail, Magistrate is expected to pass orders in the application without delay. The question whether the bail is to be granted or not is to be decided by the Magistrate. I find no reason to believe that the Magistrate is unaware 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. Hence no direction is warranted. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006