IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.MC.No. 3352 of 2009() ------------------------- CC.221/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... PETITIONER(S): ACCUSED IN CC 221/2007: -------------------------------------- 1. ANTONY, S/O.STEPHEN, AGED 29 YEARS, HOUSE NO.153, GOD GIFT HOUSE, JANAKEEYA NAGAR, PATTATHANAM BHAGAM, KOLLAM DISTRICT. 2. STEPHEN, AGED 63 YEARS, HOUSE NO.153, GOD GIFT HOUSE, JANAKEEYA NAGAR, PATTATHANAM BHAGAM, KOLLAM DISTRICT. 3. LEELAMMA, W/O.STEPHEN, AGED 60 YEARS, HOUSE NO.153, GOD GIFT HOUSE, JANAKEEYA NAGAR, PATTATHANAM BHAGAM, KOLLAM DISTRICT. 4. BINOY, INDIA PENTACOSTH CHURCH OF GOD, KOONAMMAVU, ALUVA NORTH, ERNAKULAM DISTRICT. 5. SUBHA, W/O.BINOY, INDIA PENTACOSTH CHURCH OF GOD, KOONAMMAVU, ALUVA NORTH, ERNAKULAM DISTRICT. BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, UPPUTHARA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3352 OF 2009 ------------------------------------------ Dated 19th October 2009 O R D E R Petitioner is the accused in C.C.221/2007 on the file of Judicial First Class Magistrate, Kattappana. As the petitioner was absent learned Magistrate issued non bailable warrant. This petition is filed under Section 482 of Code of Criminal Procedure to re-call the non bailable warrant. 2. Learned counsel appearing for the petitioner was heard. 3. When a non bailable warrant was issued by the Magistrate, it is for the petitioner to file an application for re-calling the warrant before the same Magistrate before filing a petition under Section 482 of Code of Criminal Procedure before this court. When an accused surrenders and files an application for bail and application to re-call the warrant, Magistrate is expected to pass orders in the applications without delay. I find no reason to believe that the Magistrate is unaware of the Crmc 3352/09 2 provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.