IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 2384 of 2009 ------------------------------- CP.23/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR (CRIME NO.528/2002 OF TIRUR POLICE STATION) .................... PETITIONER(S)/ACCUSED NO.1: -------------------------------------------- ABDUL KHADER, S/O. SAIDALIKUTTY, YARATHINGAL HOUSE, CHERIYAMUNDAM, TIRUR, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S)/STATE: ---------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION-THROUGH, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , KOCHI-31. BY PUBLIC PROSECUTOR SRI.B.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2384 OF 2009 =========================== Dated this the 23rd day of July,2009 ORDER Petitioner the first accused in C.P.23/2009 on the file of Judicial First Class Magistrate, Tirur filed this petition under section 482 of Code of Criminal Procedure for a direction to the Magistrate to recall the non-bailable warrant issued and to consider the application for bail on merits on the date of his surrender. 2. When a non-bailable warrant is issued, it is for the petitioner to file an application before that court to recall the warrant after surrender. If an absconding accused surrenders and files an application for recalling the warrant or to grant bail, Magistrate is expected to pass orders in the application on merit without delay. I find no reason to believe that Magistrate is not aware of the provisions of law or the decisions of this Court relied on by the petitioner 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/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006