In a criminal miscellaneous petition under Section 482 CrPC for bail, the High Court of Kerala held that a direction to the Magistrate was unnecessary as the Magistrate is expected to act without delay and in accordance with the law when an accused surrenders.
Application disposed with no direction to the Magistrate warranted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931
Crl.MC.No. 59 of 2010()
---------------------------------(C.C.NO.248 OF 2008 OF JUDICIAL MAGISTRATE OF 1ST CLASS, CHANGANASSERY)
................. (CRIME NO.3/2008 OF KARUKACHAL POLICE STATION)
PETITIONER(S): ACCUSED:
-----------------------------------------JAYAMON BABU @ JAYAN, KADAYIL VADAKKETHIL HOUSE, PALATHINKAL, MALLAPPALLY VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. MR.M.T.SURESHKUMAR
RESPONDENT(S): STATE/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 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
Crl.M.C.NO.59 OF 2010 ------------------------------------------ Dated 8th January 2010
O R D E R
Petitioner is the accused in
C.C.248/2008 on the file of Judicial First Class Magistrate, Changanassery. Petition
is filed under Section 482 of Code of
Criminal Procedure for a direction to the Magistrate to consider application for bail on the date of his surrender.
files an application for bail, Magistrate
is expected to pass orders in the application without delay. I find no 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
Crmc 59/10
2
law. In such circumstances, no direction is warranted.
Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether a direction to the Magistrate is warranted when the accused surrender and file a bail application.
1 provisions across 1 enactments
JAYAMON BABU @ JAYAN
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
