IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 408 of 2010() ------------------------------------- L.P.NO.23/2006 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. .... (CRIME NO.50/2003 OF PETTAH POLICE STATION) ------- PETITIONER(S): 4TH ACCUSED: ------------------------------------------------ AJIKUMAR @ AJI, S/O.KRISHNANKUTTY, T.C.NO.79/2631,ERUMALATHOPPU VEEDU, VENPALAVATTOM, SHIVANANDA LANE, KARIKKAKAM MURI, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.BINOY VASUDEVAN RESPONDENT(S): STATE/COMPLAINANT: -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.408 OF 2010 ------------------------------------------ Dated 25th February 2010 O R D E R Petitioner is the fourth accused in crime No.50/2003 of Pettah police station registered for the offences under Sections 143, 147, 148, 326 and 307 read with Section 149 of Indian Penal Code and Section 27 of Arms Act. There are altogether seven accused in the crime. Learned Magistrate committed the case as against the remaining six accused after splitting the case against fourth accused. Learned Sessions Judge has taken the case on file as S.C.1451/2006 and made it over to Additional Assistant Sessions court- III, Thiruvananthapuram. Case as against the petitioner was split up as L.P.23/2006 and a non bailable warrant is pending. This Crmc 408/10 2 petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Additional Chief Judicial Magistrate, Thiruvananthapuram to release him on the date of appearance contending that in S.C.1451/2006 also summons was illegally issued as against the petitioner. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that out of seven accused the case as against six accused alone were committed to the Sessions court. Therefore, in S.C.1451/2006, Assistant Sessions Judge, Thiruvananthapuram cannot take cognizance of the offence as against the petitioner without an order of committal. Hence even if, any warrant of arrest against petitioner is issued in Crmc 408/10 3 S.C.1451/2006, it is without authority and is unenforceable. Petitioner cannot be arrested based on that non bailable warrant. 4. As non bailable warrant is pending in L.P.23/2006, it is upto the petitioner to surrender before the Magistrate and seek 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.