IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.MC.No. 2749 of 2009() --------------------------------- CC.210/2009 of JUDL.MAGISTRATE OF FIRST CLASS, HARIPAD ....................................................................................................... PETITIONER(S): ACCUSED ---------------------------------- VINAY MURALI,AGED 36 YEARS, S/O.MURALEEDHARAN, P.J.BHAVAN, MUTHUKULAM THEKKUMURI, MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2009, THE COURT ON 20/08/2009 PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR , J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl. M.C. No. 2749 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2009 O R D E R Petitioner is the accused in C.C.No.210/2009 on the file of Judicial First Class Magistrate 1 Harippad. This petition is filed for a direction to the Magistrate to recall the non-bailable warrant issued and to consider his application for bail on the date of surrender. 2. To recall non-bailable warrant issued petitioner has to file an application for the same before the Magistrate. When an accused surrenders and files an 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 the Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is disposed. ( M. SASIDHARAN NAMBIAR , JUDGE) jma