IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Crl.MC.No. 2093 of 2009 ------------------------- CC.1903/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S): ACCUSED -------------------------------------- VIKRAMAN NAIR, AGED 43, S/O.KRISHNAN NAIR, MAVOLIL HOUSE, MANNAM NAGAR, PANDALAM, ADOOR TALUK, PATHANAMTHITTA. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.R.VINU RAJ RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 2093 of 2009 ================== Dated this the 30th day of June, 2009. O R D E R Petitioner is the absconding accused in C.C. No.1903/2004 on the file of Judicial First Class Magistrate Court-II, Kochi. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to release the petitioner on bail on the date of his surrender. 2. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. When a petition for bail is moved before the Magistrate, it is for the Magistrate to decide whether bail is to be granted or not. If it is a case of bailable offence, Magistrate cannot deny the bail and if not, it is for the Magistrate to decide on the settled guidelines. When an Crl.M.C.No.2093/2009 -2- absconding accused 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 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 as sought for is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr