IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Crl.MC.No. 3433 of 2009() ------------------------- CC.755/09 (735/2007) of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONER(S): 8TH ACCUSED -------------------------- SYAM, S/O.MANOHARAN, SAM NIVAS, NEMOM VILLAGE, MANUKULADICHMANGALAM, KAYMANAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3433 OF 2009 ------------------------------------------ Dated 26th October 2009 O R D E R Petitioner is the eighth accused in C.C.755/2009 on the file of Judicial First Class Magistrate-I, Neyyattinkara. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to withdraw the non bailable warrant and to consider his application for bail on the date of surrender. 2. When non bailable warrant is issued, it is for the petitioner to surrender before the Magistrate and file application to re-call the warrant or to release him on 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.