The Court disposed of criminal miscellaneous petitions filed by an accused seeking a direction to the Magistrate to consider a bail application on the date of surrender. The Court held no direction was warranted as there was no reason to believe the Magistrate was unaware of legal provisions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931
Crl.MC.No. 17 of 2010() --------------------------------CC.254/2004 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... PETITIONER/1ST ACCUSED. ----------------------------------------MADHUSOODHANAN @ MADHU, S/O.SATHYAVRITHAN, AGED 38 YEARS,RESIDING AT PULICKAL HOUSE, PAZHAVANGADI VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. MR.R.V.SUJIT KUMAR
RESPONDENT/COMPLAINANT: ---------------------------------------------
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR MR.P.A. SALIM.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2010, ALONG WITH CRMC.18 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No.17 & 18 OF 2010
===========================
Dated this the 6th day of January,2010
ORDER
Petitioner is the first accused in C.C.254/2004 and third accused in C.C.40/2007 on the file of Chief Judicial Magistrate Court, Kottayam. These petitions are filed for a direction to the Magistrate to consider the application for bail on the date of his surrender contending that a non bailable warrant is pending.
application for bail, Magistrate is expected to pass orders in the application without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence no direction is warranted.
Petitions are disposed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
Madhusoodanan @ Madhu
State of Kerala
M.Sasidharan Nambiar
As recorded by the court registry
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