IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Crl.MC.No. 81 of 2010() ----------------------- CP.26/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED: ------------------------------------------ SREEKUMAR A., S/O. AYYAPPAN, CHALACHAKKARA PUTHEN VEEDU, N.R.R.A. 123, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. MR.R.ANIL RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.81 OF 2010 ------------------------------------------ Dated 11th January 2010 O R D E R Petitioner is the accused in C.P.26/2006 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram. Non bailable warrant is pending. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to stay execution of non bailable warrant to enable the petitioner to appear and seek bail. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. When non bailable warrant is pending, it is for the petitioner to surrender before the learned Magistrate and Crmc 81/10 2 file an application for bail. When an accused 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.