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. 1708 of 2009() -------------------------------------- C.C.NO.457/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, PERINTHALMANNA ................ PETITIONER(S): 3RD ACCUSED: ------------------------------------------------ PIOUS JOSEPH, S/O.JOSEPH, KUZHITHODU VEEDU, MANIKKASSERI P.O., KONGAD, PALAKKAD. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): COMPALINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------------------- Crl.M.C. No. 1708 OF 2009 --------------------------------------- Dated this the 25th day of May, 2009 O R D E R Petitioner is the 3rd accused in C.C.No.457/2003 on the file of Judicial First Class Magistrate, Perinthalmanna. 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 an application for bail. Petitioner had earlier sought anticipatory bail before the Sessions court as well as this court. On the failure to get anticipatory bail, this application is filed to get a direction to the Magistrate to pass orders in the application for bail. 2. When the accused surrenders and moves an application for bail with notice to the Assistant Public Prosecutor, Magistrate is expected to pass orders in the bail application without delay. I find no necessity to issue a direction as sought for, as even otherwise Magistrate is expected to pass orders without delay in the event of filing an application for bail on surrender. The Crl.M.C. is therefore dismissed. M.SASIDHARAN NAMBIAR JUDGE vps