IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Crl.MC.No. 943 of 2010 -------------------------------- (C.C. NO. 1067/08 OF THE J.F.C.M. COURT, KODUNGALLOR ARISING OUT OF CRIME NO: 938/2008 OF MATHILAKAM POLICE STATION) ................. PETITIONERS/ACCUSED: ------------------------------------ 1. JOSEPH,AGED 38 YEARS,S/O.XAVIER, PUTHANPURACKAL HOUSE,MUNDAMVELI,THOPPUMPADY, PALLURUTHY,KOCHI. 2. YOUNUS,AGED 49 YEARS,S/O.DIRAR, PARUTHINKAL HOUSE,PERUMBAVOOR ROUTE,ASOKPADY, ALUVA,ERNAKULAM DISTRICT. BY ADV. MR.T.P.SANTHOSH KUMAR. RESPONDENT/STATE: --------------------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,MATHILAKAM POLICE STATION, THRISSUR-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. BY PUBLIC PROSECUTOR MR. I.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 943 OF 2010 =========================== Dated this the 18th day of March,2010 ORDER Petitioners are the accused in C.C.1067/2008 on the file of Judicial First Class Magistrate's Court, Kodungallur. Non bailable warrants are pending. This petition is filed for a direction to the Magistrate to recall the non bailable warrants and to release them on bail in the event of their surrender. 2. If non bailable warrants are to be recalled, it is up to the petitioners to approach the concerned Magistrate and file applications for that purpose. If the accused against whom non bailable warrants are issued surrender and file applications for bail, Magistrate is expected to pass orders in the applications without delay. I find no reason Crl.M.C.943/2010 2 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. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006