Suresh Kumar vs State Represented By Public on 1 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1766 of 2009()


1. SURESH KUMAR, AGED 36 YEARS,
                      ...  Petitioner

                        Vs



1. STATE REPRESENTED BY PUBLIC
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.M.B.PRAJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :01/06/2009

 O R D E R
              M.SASIDHARAN NAMBIAR, J.
               ==================
               Crl.M.C. No. 1766 of 2009
               ==================
           Dated this the 1st day of June, 2009.

                         O R D E R

Petitioner is the accused in C.C.No.316/2006 on the

file of Judicial First Class Magistrate Court,

Wadakkanchery. When non-bailable warrant was issued,

this petition is filed under Section 482 of the Code of

Criminal Procedure for a direction to the Magistrate to

grant him bail on the date of his surrender.

2. Learned Counsel appearing for petitioner was

heard.

3. Learned Counsel submitted that petitioner was

earlier granted bail at the investigation stage under

Annexure AI order and a non-bailable warrant was issued

later only on account of the failure of the petitioner to

appear before the Magistrate and unless a direction is

given, Magistrate will not pass orders in the application for

bail on the date of surrender.

Crl.M.C.No.1766/2009
-2-

4. When an absconding accused against whom an

order of non-bailable warrant is issued surrenders before

the Court and files an application for bail, the Magistrate is

expected to pass orders in the application without any

delay. I find no reason to believe that the Magistrate will

not act in accordance with law. Under such circumstances,

I do not find it necessary to issue the direction as sought

for. Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE

dkr