IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Crl.MC.No. 2092 of 2009() ----------------------------------- CP.61/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER/ACCUSED --------------------------------- RADHAMANI,W/O.LATE GOPI,CHATHANPARA KIZHAKETHIL HOUSE,THRIKANNAPURAM, NOW RESIDING AT KUNNATHECHARUVIL HOUSE NELLICKAL,KOIPURAM, PATHANAMTHITTA DISTRICT. BY ADV. MR.ABRAHAM SAMSON RESPONDENT/STATE ------------------------------ THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2092 OF 2009 =========================== Dated this the 29th day of June,2009 ORDER Petitioner is the absconding accused in C.P.61/2008 in Crime No.78/2007 of the Excise Range,Thiruvalla. This petition is filed under section 482 of Code of Criminal Procedure to direct the Magistrate to recall the non-bailable warrant on the date of his surrender. 2. When a non-bailable warrant is pending and the accused surrenders and files an application to recall the warrant or to grant 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. In such circumstance, no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006