IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1598 of 2009() ------------------------- CC.525/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI .................... PETITIONER(S): ACCUSED: ------------------------------------------ ABDUL SAJID P.M., S/O. KUNHAMMED, AGED 35 YEARS, PUTHIYEDATHMEEKAL HOUSE, VILAYATTOOR AMSOM DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, MEPPAYUR POLICE STATION. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1598 OF 2009 ------------------------------------------ Dated 21st May 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to direct the Magistrate to consider the bail application to be filed by him in C.C.525/2008 on the file of Judicial First Class Magistrate, Payyoli. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel submitted that petitioner did not get summons and therefore he did not appear and in such circumstances direction may be issued. When a non bailable warrant is issued by the Magistrate it is for the petitioner to appear before that court and seek bail. I do not find that any direction as sought for is necessary. It is made clear that if the petitioner files an application for recalling the non bailable warrant and application for bail in C.C.525/2008 before the the Magistrate with notice to Assistant Public Prosecutor, Magistrate to dispose the same without delay. M.SASIDHARAN NAMBIAR, JUDGE. uj.