Petitioner, sole remaining accused after others acquitted, filed Crl.MC. under CrPC Sec. 482 seeking direction for bail application. Held no direction warranted; Magistrate expected to act without delay.
No direction issued to Magistrate for expedited bail application.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931
Crl.MC.No. 2621 of 2009 -------------------------------CC.284/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR ..........................................
PETITIONER(S)/4th ACCUSED: -----------------------------------------
ABDUL RASHEED, S/O.ALI, AGED 21/97, PANAPUZHA, PAYYANNUR.
BY ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON
RESPONDENT(S):
------------------------
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.S.U.NAZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO. 2621 OF 2009
Dated 12th August 2009
O R D E R
Petitioner is the sole remaining accused in
C.C.315/1997 on the file of Judicial First Class Magistrate, Payyannur and non bailable warrant is pending against him in C.C.284/2004. All other accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider his application for bail on the date of his surrender.
reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2
2 issues framed by the court
Whether court should issue direction to Magistrate to expedite bail application filed by surrendering accused.
If Magistrate is unaware of law, whether court intervention is required.
1 provisions across 1 enactments
ABDUL RASHEED
THE STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
