IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Crl.MC.No. 3636 of 2010() ------------------------- CC.711/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... (CRIME NO.316/2005 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT) PETITIONER(S): 4TH ACCUSED: ------------------------------------------------ SHYAM, S/O.MANOHARAN, CHIRAYATHU VEEDU, OPP.KAIMANAM RTTC, NEMOM VILLAGE, MANUKULADHICHAMANGALAM DESOM. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3636 of 2010 -------------------------- ORDER Petitioner, the fourth accused in C.C.No. 711/2009 on the file of Judicial First Class Magistrate's Court-I, Neyyattinkara, filed this petition under Section 482 of Code of Criminal Procedure to recall the non bailable warrant issued against him and consider the application for bail to be moved by him on the date of surrender. 2. When a non bailable warrant is pending, it is up to the petitioner to approach the concerned Magistrate and seek an order of bail. I find no reason to believe that Magistrate will not pass appropriate order in accordance with law without delay, if petitioner surrenders and files an application for bail. Hence, no direction is warranted. Petition is disposed. 3rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv