IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 141 of 2010() ------------------------------------ L.P.NO.9/2006 IN SC. 6/2006 (CRIME NO.250/2004 OF KOTTAKKAL POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- ABDUL GAFOOR, S/O.MUHAMMED HAJI, CHOLAKKAL HOUSE, PUTHOOR DESOM, ATTIRI DESOM, PALLIPPURAM,KOTTACKAL. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.141 OF 2010 ------------------------------------------ Dated 15th January 2010 O R D E R Petitioner, the accused in S.C.6/2006 on the file of Special Judge for trial of NDPS Act cases, Vadakara filed this petition to re-call the non bailable warrant issued by the learned Magistrate after the case was included in the long pending register. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. When a non bailable warrant is pending, it is upto the petitioner to surrender before the Special Judge and seek regular bail. If an accused surrenders and files an application for bail, Special 2 Judge is expected to pass orders in the application without delay. I find no reason to believe that the Special Judge is unaware of the provisions of law or the decisions of this court or the Apex court or that the Special Judge will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.