IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.MC.No. 2296 of 2009() ----------------------------------- CRIME NO.665/2008 OF MATHILAKAM POLICE STATION ................. PETITIONER/5TH ACCUSED ---------------------------------------- VISWANATHAN,S/O.JANARDHANA KURUP, AGED 51 YEARS,THEKKEDATH KALARIKKAL HOUSE, KARALOM P.O. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT/RESPONDENT ------------------------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.VINOD B. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2296 of 2009 -------------------------- ORDER Petitioner is the accused in C.P.No.55/2009 on the file of Judicial First Class Magistrate's Court, Kodungallur. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to recall the warrant issued against him. If a non bailable warrant is to be recalled, petitioner has to file an application before the concerned Magistrate. 2. If an accused, against whom a non bailable warrant is pending, files an application for bail or to recall the warrant, 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. 17th July, 2009 (M.Sasidharan Nambiar, Judge) tkv