IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.MC.No. 1954 of 2009() ----------------------------------- CC.710/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHENGANNUR .................... PETITIONER/ACCUSED NO.1 IN CC: --------------------------------------------------- SABU, AGED 36 YEARS, S/O.AROGYASWAMY, RETNAVILAS, THYTHIYOOR, CSEZ P.O., KAKKANADU ERNAKULAM, KOCHI-37. BY ADV. SMT.T.SUJA RESPONDENTS/COMPLAINANT: ---------------------------------------------- KERALA STATE 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 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1954 OF 2009 =========================== Dated this the 17th day of June,2009 ORDER Petitioner is the first accused in C.C.710/2009 on the file of Judicial First Class Magistrate Court, Chengannoor. Cognizance of the offences under section 447,323,341,511 and 365 read with section 34 of Indian Penal Code was taken. Petitioner was absconding. Therefore a non-bailable warrant was issued. This petition is filed for a direction to the Magistrate to release the petitioner on bail on the event of his surrender. 2. The question whether petitioner is to be granted bail or not is to be decided by the Magistrate. No direction as sought for can be issued. When an absconding accused against whom a non-bailable warrant is pending 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 unaware of the provisions of law or various decisions of this court or the Apex Court on the point or that Magistrate will not pass orders in Crl.M.C.1954/2009 2 accordance with law. In such circumstance, no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006