IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4422 of 2010() ----------------------- CC.725/2005 of JUDL.FIRST CLASS MAGISTRATE COURT, TIRUR ................. PETITIONER : ------------------ MANOJ @ KEEPER MANOJ, AGED 32 YEARS, S/O.RAVEENDRAN, RAVEENDRA VILASOM, VETTIKKAVALA VILLAGE, KANNAN KODUMURI, KOLLAM DISTRICT. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI. ASISH K.JOHN RESPONDENT : -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4422 OF 2010 =========================== Dated this the 4th day of November,2010 ORDER Petitioner is the accused in C.C.725/2005 on the file of Judicial First Class Magistrate Court, Thiroor. This petition is filed under section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the application for bail on the date of his surrender contending that cognizance was taken for the offence under section 379 of Indian Penal code and he was granted bail at the investigation stage and thereafter no summons was received from the court and the non bailable warrant was issued. 2. When a non bailable warrant is pending and the accused surrenders and files an application for bail, Magistrate is expected to pass orders in the application without delay. Crl.M.C.4422/2010 2 I find no reason to believe that if summons was not served on the petitioner and a non bailable warrant was issued, learned Magistrate will not withdraw the non bailable warrant or will not grant bail to the petitioner. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006