Ali vs State Of Kerala on 2 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2135 of 2009()


1. ALI, AGED 36 YEARS, S/O.MOIDUNNI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY
                       ...       Respondent

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :02/07/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
             Crl.M.C.No.2135 of 2009
            --------------------------

                       ORDER

Petitioner is the absconding accused in C.C.No.

499/2003 on the file of the Judicial First Class

Magistrate’s Court, Kunnamkulam, now pending as

L.P.No.107/07. This petition is filed for a

direction to the learned Magistrate to recall the

non bailable warrant and to direct the learned

Magistrate to consider the application for bail on

the date of surrender.

2. When an absconding accused files an

application for bail on surrender, learned

Magistrate is expected to pass orders on the

application without delay. I find no reason to

believe that learned Magistrate is unaware of the

provisions of law or the decisions of this Court or

the Apex Court or that the learned Magistrate will

not act in accordance with law. In such

circumstances, no direction is warranted. To recall

CRMC 2135/09 2

the warrant, petitioner to approach the learned

Magistrate.

Petition is dismissed.

2nd July, 2009 (M.Sasidharan Nambiar, Judge)
tkv