IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Crl.MC.No. 1159 of 2010() ------------------------- CP.73/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER(S): 11TH ACCUSED: ------------------------------------------------- SANTHOSH, S/O. KUNHIRAMAN, DEEPAM HOUSE, KEEZHUR AMSOM, PUNNAD DESOM, KANNUR DISTRICT. BY ADV. MR.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE: --------------------------------------------------------------- 1. THE DEPUTY SUPERINTENDENT, CBCID, KANNUR. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1159 of 2010 -------------------------- ORDER Petitioner is the 11th accused in C.P.No.73/2009 on the file of Judicial First Class Magistrate's Court, Mattannur. A non bailable warrant is pending. This petition is filed for a direction to the Magistrate to recall the warrant and also to consider the application for bail to be moved by the petitioner on the date of his surrender. If the non bailable warrant is to be recalled, petitioner has to approach the learned Magistrate, showing reasons. 2. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders on 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 Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 6th April, 2010 (M.Sasidharan Nambiar, Judge) tkv