High Court Kerala High Court

Santhosh vs State Of Kerala on 8 June, 2009

Kerala High Court
Santhosh vs State Of Kerala on 8 June, 2009
       

  

  

 
 
  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.