IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1887 of 2009() ------------------------- ST.291/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ACCUSED: ----------------------------------------- SUDARSANAN PILLAI, AGED 44 YEARS, SUDARSANA VILASOM, PANKONAM, MUKTHATHALA, KOLLAM. BY ADV. MR.DILEEP P.PILLAI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1887 OF 2009 ------------------------------------------ Dated 9th June 2009 O R D E R Petitioner is the accused in S.T.291/2007 on the file of Judicial First Class Magistrate-II, Kollam. Offence alleged is under Section 138 of Negotiable Instruments Act. Petitioner was originally granted bail. When he failed to appear, a non bailable warrant was issued. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider and pass orders in the application for bail on the date of his surrender. 2. When an accused and that too, of a bailable offence, surrenders and files an application for bail Magistrate is expected to pass orders in the application without delay. I do not believe that Magistrate is not aware of the law or the decision of this court and that of the Apex court on the point. I find no reason to believe that Magistrate will not act in accordance with law. In such circumstances, I find CRMC 1887/09 2 it unnecessary to give any direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.