IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 2968 of 2009() ---------------------------------- (CRIME NO.56/2003 OF CHEMGAMANAD POLICE STATION, PENDING BEFORE JUDL.FIRST CLASS MAGISTRATE-I, ALUVA) PETITIONER(S)/1ST ACCUSED: ------------------------------------------ S.MURALEEDHARAN NAIR, S/O SREEDHARAN NAIR, THARAVAD, NEAR T.V.CENTRE, KUDAPPANAKUNNU, TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S)/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2968 OF 2009 ------------------------------------------ Dated 14th September 2009 O R D E R Petitioner is the first accused in C.C.1102/2003 on the file of Judicial First Class Magistrate-I, Aluva. Non bailable warrant is pending against him. This petition is filed under Section 482 of Code of Criminal Procedure to direct the learned Magistrate to re-call the warrant and to grant him bail contending that similar relief was granted in Crl.M.C.2922/2009 in favour of second accused. 2. Learned counsel appearing for petitioner was heard. 3. When a non bailable warrant is pending against the accused, his remedy is to apply before the learned Magistrate, after surrendering to re-call the warrant and to enlarge him on bail. Even though second accused obtained an order in Crl.M.C.2922/2009 to surrender, based on that order petitioner is not entitled to get such a direction. Petition is disposed granting liberty to the petitioner to CRMC 2968/09 2 surrender and to apply for re-calling non bailable warrant and release him on bail. If such an application is filed, Magistrate to pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.