IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2843 of 2009()
1. MUSTHAFA KAMAL
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.SHIBILI NAHA
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :27/08/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.2843 of 2009
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ORDER
Petitioner is the absconding accused in L.P.No.
48/2009 on the file of Judicial First Class
Magistrate’s Court-II, Perinthalmanna. According to
the petitioner, he absconded at the stage when the
case was posted for questioning under Section 313
of Code of Criminal Procedure. This petition is
filed under Section 482 of Code of Criminal
Procedure for consideration of the application for
bail to be moved by the petitioner on the date of
surrender, contending that the other accused were
already acquitted after trial.
2. When an accused surrenders and files an
application for bail, Magistrate is expected to
pass orders on the application without delay. I
find no reason to believe that Magistrate is
unaware of the provisions of law or the decisions
of this Court or the Apex Court or that Magistrate
CRMC 2843/09 2
will not act in accordance with law. Hence, no
direction is warranted.
3. Learned counsel appearing for the petitioner
also sought a direction to the Magistrate to
dispose the case within a time frame. If the
prosecution evidence was recorded and petitioner
absconded at the stage when the case was posted for
questioning under Section 313 of Code of Criminal
Procedure, I find no reason why the Magistrate
shall not dispose the case within thirty days from
the date of appearance of the petitioner.
Petition is disposed.
27th August, 2009 (M.Sasidharan Nambiar, Judge)
tkv