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. 2982 of 2009() ----------------------------------- LPC.68/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR CRIME NO.241/1996 OF IRITTY POLICE STATION. .................... PETITIONER/ACCUSED: --------------------------------- GAFOOR, NALLAKANDI, S/O. MOIDEEN HAJI, AGED 37 YEARS, N.K. HOUSE, THILLANKERI, KANNUR DISTRICT. BY ADV. MR.CIBI THOMAS RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, IRITTY POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.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: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2982 of 2009 -------------------------- ORDER Petitioner is the accused in L.P.No.68/2005 on the file of Judicial First Class Magistrate's Court, Mattannur. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to release him on bail in the event of his surrender as a non bailable warrant is pending against him. 2. When an accused, against whom a non bailable warrant is pending, surrenders and files and application for bail, it is for the Magistrate to decide whether he is to be enlarged on bail or not. 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. 14th September, 2009 (M.Sasidharan Nambiar, Judge) tkv