IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Crl.MC.No. 3828 of 2010() ---------------------- ST.31/2006 of JUDL. FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY .................. PETITIONER / ACCUSED : ---------------------------------- EMMANUAL MORRIS, POONTHAYIL VEEDU, NEENDAKARA.P.O, KOLLAM DISTRICT-691582. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS / COMPLAINANT & THE STATE -------------------------------------- 1. G.DIVAKARAN PILLAI, KANNAVILAYIL, MENAAMBALLY, CHAVARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3828 of 2010 -------------------------- ORDER Petitioner, the accused in S.T.No.31/2006 on the file of Judicial First Class Magistrate's Court, Karunagappally, filed this petition for a direction to the Magistrate to dispense with his personal attendance and also to recall the non bailable warrant issued and to release him on bail on the date of surrender. 2. When a non bailable warrant is pending against the petitioner, it is up to him to appear before the Magistrate and seek bail or an order to recall the non bailable warrant, if he is on bail. When an accused surrenders and moves an application for bail, 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 that Magistrate will not act in accordance with CRMC 3828/10 2 law. Hence, no direction is warranted. If personal attendance of the petitioner is to be dispensed with during trial, it is up to him to file an application under Section 205 of Code of Criminal Procedure. If such an application is filed, it is for the Magistrate to consider and pass orders on the application, in accordance with law. Petition is disposed. 16th September, 2010 (M.Sasidharan Nambiar, Judge) tkv