IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3894 of 2010() ------------------------------------- C.C.528/2006 OF MUNSIFF MAGISTRATE COURT, PATTAMBI. .............. PETITIONER/2ND ACCUSED ----------------------------------------- ABDUL SALEEM, S/O.HAMZA, KOOMULLIPPARAMBIL HOUSE, POST THRIPRANGODE, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT/STATE & COMPLAINANT --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. V. MOHANDAS, S/O.SATHYAVATHIKUTTY AMMA, VALIYAKATH VEEDU, NADUVATTAM AMSOM DESOM, OTTAPPALAM TALUK, PALAKKAD DISTRICT-670 003. 3. K.P. ASHRAF, S/O.YAHU, KALATHIPPARAMBIL HOUSE, KAINIKKARA, POST POILISSERY, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-671 008. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3894 of 2010 -------------------------- ORDER Petitioner, the second accused in C.C.No. 528/2006, on the file of Judicial First Class Magistrate's Court, Pattambi, filed this petition seeking permission to surrender and also for a direction to the Magistrate to consider the application for bail to be moved by the petitioner on the date of surrender as a non bailable warrant is pending against him. 2. No permission is necessary for an accused, against whom a non bailable warrant is pending, to surrender before the concerned Magistrate. When such an accused surrenders and files an application for bail, it is for the Magistrate to consider and pass appropriate orders on the application for bail without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or CRMC 3894/10 2 that the Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv