IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Crl.MC.No. 4442 of 2010 () ------------------------- (CRIME NO.129/1981 OF KADAKKAL POLICE STATION IN KOLLAM DISTRICT) ( CC.458/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA) .................... PETITIONER/ACCUSED: --------------------------------- BABU, S/O.SREEDHARAN, SRUTHILAYAM, EDATHARA KADAKKAL, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4442 OF 2010 --------------------------------------------- Dated 8th November, 2010 O R D E R Petitioner is the accused in C.C.458/2010 on the file of Judicial First Class Magistrate's Court-I, Kottarakkara. Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider his application for bail on the date of his surrender. 2. Case against the petitioner was pending in the register of long pending cases. When the presence of the petitioner was procured after his arrest, it was re-filed and bail was granted. Subsequently, petitioner failed to appear. Hence a non bailable warrant was issued on Crmc 4442/10 2 the second posting day. In such circumstances, it is for the learned Magistrate to consider whether the petitioner is to be released on bail or not. I do not find it, in the interest of justice to give any direction as sought for. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.