IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Crl.MC.No. 3764 of 2009() ------------------------------------ CC.96/2008 of CHIEF JUDL.MAGISTRATE COURT, ERNAKULAM CRIME NO.184/2007 OF ERNAKULAM CENTRAL POLICE STATION. .................... PETITIONER/ACCUSED NO.5 ----------------------------------------- SALIM, AGED 30 YEARS, S/O.BAVA, KOTHEZHATHUPARAMBU HOUSE, THANGAL NAGAR, PALLURUTHY, KOCHI-6. BY ADV. MR.T.P.SANTHOSH KUMAR RESPONDENT/ STATE/COMPLAINANT ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3764 OF 2009 =========================== Dated this the 23rd day of November,2009 ORDER Petitioner is the fifth accused in C.C.96/2008 on the file of Chief Judicial Magistrate Court, Ernakulam. A non bailable warrant is pending. This petition is filed for a direction to the Magistrate to recall the non bailable warrant and to release the petitioner in the event of his surrender. 2. Learned counsel appearing for the petitioner was heard. 3. When a non bailable warrant is issued, it is upto the petitioner to surrender before the Magistrate and to file a petition to recall the non bailable warrant or to release him on bail. It is upto the Magistrate to decide whether petitioner is to be released on bail or not. I do not find any 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. Hence no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.3764/2009 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006