IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1860 of 2009()
1. SANTHOSH, S/O.KUMARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
CRL.M.C.NO.1860 OF 2009
------------------------------------------
Dated 8th June 2009
O R D E R
Petitioner is the absconding sixth accused
in Crime No.125/2007 of Ponkunnam police station
registered for the offences under Sections 450 and 397
of Indian Penal Code, now pending as C.P.25/2007
before the Judicial First Class Magistrate,
Kanjirapally. This petition is filed under Section
482 of Code of Criminal Procedure for a direction to
the Magistrate to consider the application for bail on
the date of his surrender.
2. Learned counsel appearing for petitioner was
heard.
3. Learned counsel submitted that unless an
order is passed directing the Magistrate to consider
the bail application, it will not be considered on the
date of his surrender.
4. When an absconding accused surrenders before
the court and files an application for bail,
Magistrate is expected to pass orders in the
CRMC 1860/09
2
application without delay. I do not find any reason to
believe that Magistrate will not act in accordance with
law. Hence no direction is necessary.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.