In a criminal miscellaneous petition seeking a direction to the Magistrate to expedite bail consideration upon the accused's surrender, the High Court held that no direction was warranted as the Magistrate is presumed to know the law.
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
MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931
Crl.MC.No. 75 of 2010() ----------------------CC.165/2008 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM
PETITIONER(S): IST ACCUSED:
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P.K.AMMAD, S/O.MOIDU HAJI, AGED 43 YEARS, POKKUNNUMMEL HOUSE, CHEKKYAD, PARAKKADAVU, VADAKARA TALUK.
BY ADVS. MR.V.V.ASOKAN, MR.P.P.RAMACHANDRAN.
RESPONDENT(S): COMPLAINANT:
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1. THAZHEKKUNIYIL SALEENA, D/O.KUNHABDULLA HAJI, AGED 35 YEARS, CHELAPPURATH HOUSE, CHEKKYAD, VADAKARA TALUK.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
Crl.M.C.NO.75 OF 2010 ------------------------------------------ Dated 11th January 2010
O R D E R
Petitioner is the accused in
C.C.165/2008 on the file of Judicial First
Class Magistrate, Nadapuram. 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 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 75/10
2
law. In such circumstances, no direction is
warranted.
Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether the Magistrate was directed to expedite bail proceedings when the accused surrendered.
P.K.Ammad
State of Kerala
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
