IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.MC.No. 1021 of 2010 ---------------------------------- [CC.NO.711/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VAIKOM] .................... PETITIONER/ACCUSED: ---------------------------------- SANDEEP, S/O.ACHUTHAN, D.D.NEST, FLAT.NO.G6, KATHRIKADAVU, COCHIN. BY ADV. MR.BLAZE K.JOSE. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JYOTHISH.P.R., S/O. RAMANUJAN, PATHUPARAYIL HOUSE, EDAVATTAM.P.O., THALAYOLAPARAMBU,KOTTAYAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1021 OF 2010 ------------------------------------------ Dated 24th March 2010 O R D E R Petitioner is the accused in C.C.711/2008 on the file of Judicial First Class Magistrate, Vaikom. Petition is filed for a direction to the Magistrate to keep in abeyance the non bailable warrant for two weeks and to permit the petitioner to surrender, as non bailable warrant is pending and to direct the Magistrate to consider his application for bail on the date of his surrender itself. 2. When non bailable warrant was issued and petitioner did not appear, no direction can be issued to the Magistrate to keep the non bailable warrant in abeyance as sought for. Crmc 1021/10 2 3. When the accused against whom non bailable warrant is pending, 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 the 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. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.