IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1745 of 2009()
1. VIPIN,AGED 29,S/O.SASIDHARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SUNNY ZACHARIA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :04/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
CRL.M.C.NO. 1745 OF 2009
------------------------------------------
Dated 4th June 2009
O R D E R
Petitioner is the accused in crime 242/2002
of S.Paravoor police station which was taken cognizance
by the Munsiff-Magistrate, Paravoor as C.C.612/2003.
When the petitioner absconded, case was included in L.P
register as L.P.204/2007. This petition is filed under
Section 482 of Code of Criminal Procedure for a
direction to the Magistrate to consider the bail
application on the date of his surrender. Offences
alleged are under Sections 279, 337, 338 and 304(A) of
Indian Penal Code. When an absconding accused surrenders
before the Magistrate, Magistrate is expected to pass
orders in the bail application without delay. In any
event, a direction cannot be issued to the Magistrate to
grant him bail. I find no reason to believe the
representation that without a direction the Magistrate
will not pass orders in the bail application on the
date of surrender. Hence no direction is warranted.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.