IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Crl.MC.No. 1937 of 2009() ------------------------- CC.708/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER(S): ACCUSED: ----------------------- VINOD KUMAR, KOONERI HOUSE, ARIYALLOOR, ARIYALLOOR AMSOM AND DESOM. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARAPPANANGADI. R1 & R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1937 of 2009 ================== Dated this the 16th day of June, 2009. O R D E R Petitioner is the second accused in C.C.No.708/2008 on the file of Judicial First Class Magistrate Court, Parappanangadi. Prosecution case is that he committed offences under Sections 341 and 324 read with Section 34 of Indian Penal Code. Petitioner did not appear before the trial court and therefore non-bailable warrant was issued. Petitioner filed an application under Section 438 of Code of Criminal Procedure before Sessions Court, Manjeri for anticipatory bail. Under Annexure A1 order, it was dismissed directing petitioner to apply for regular bail before the Magistrate. This petition is filed under Section 482 of Code of Criminal Procedure to direct the Magistrate to consider the bail application on the date of his surrender. 2. Learned Counsel appearing for petitioner was heard. Crl.M.C.No.1937/2009 -2- 3. Under Annexure A1 order while refusing the anticipatory bail, petitioner was directed to approach the Magistrate and explain the reasons for his absence and apply for bail. The argument of the learned Counsel for the petitioner is that when he surrenders, order for bail is to be approved on the same day. 4. If petitioner surrenders before the Court and files an application for bail, Magistrate is expected to pass orders on that application without delay. I do not believe that the Magistrate is not aware of the decisions of this court or the Apex Court or that the Magistrate will not act in accordance with law. Hence no direction as sought for is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr