IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1927 of 2009()
1. RAHEEL, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY
... Respondent
2. LARSEN & TOUBRO LIMITED,
For Petitioner :SRI.M.TRIPTEN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 1927 OF 2009
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Dated 15th June 2009
O R D E R
Petitioner is the accused in S.T.243/2005
on the file of Judicial First Class Magistrate-III,
Thiruvananthapuram. Magistrate took cognizance of the
offence under Section 138 of Negotiable Instruments
Act on the complaint filed by second respondent. After
closing the prosecution evidence, when the case was
posted for questioning under Section 313 of Code of
Criminal Procedure petitioner failed to appear.
Learned Magistrate thereafter cancelled the bail and
issued a non bailable warrant and included the case
in the register of long pending case. This petition is
filed under Section 482 of Code of Criminal Procedure
for a direction to the Magistrate to release the
petitioner on bail on the date of his surrender.
2. Learned counsel appearing for petitioner and
learned Public Prosecutor were heard.
3. When an accused surrenders before the
Magistrate and files an application for bail
CRMC 1927/09
2
Magistrate is expected to pass orders in the
application without delay. I find no reason to
believe that Magistrate is unaware of the decision of
this court and the Apex court or will not act in
accordance with law.
In such circumstances, no direction is warranted.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.