IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1806 of 2009()
1. K.USSAIN, S/O.KHADER,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY PUBLIC
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/06/2009
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C. No. 1806 of 2009
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Dated this the 3rd day of June, 2009.
O R D E R
Petitioner is the second accused in C.C.No.33/2008 on
the file of Judicial First Class Magistrate Court-I,
Thamarassery. Offences alleged against accused are under
Sections 143, 147, 148, 323, 324 and 506(1) read with
Section 149 of Indian Penal Code. This petition is filed
under Section 482 of the Code of Criminal Procedure for a
direction to the Magistrate to release petitioner in the event
of his surrender.
2. Learned Counsel appearing for the petitioner was
heard.
3. Learned Counsel submitted that other accused
were already released on bail and unless a direction is
issued, the Magistrate will not grant bail on the date of his
surrender.
Crl.M.C.No.1806/2009
-2-
4. When an absconding accused surrenders before
Magistrate and files an application for bail, the Magistrate
is expected to pass orders in that application without delay.
I do not find any reason to believe that the Magistrate will
not act in accordance with law. Hence it is not necessary to
issue the direction as sought for. Petition is dismissed.
M.SASIDHARAN NAMBIAR
JUDGE
dkr