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. 3878 of 2010() ------------------------------------- CP NO.147/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG. CR NO.15/2008 OF EXCISE NILESWAR RANGE. PETITIONER/ACCUSED NO.2 ------------------------------------------ P.K. ANILKUMAR, AGED 30 YEARS, S/O.P.K. KANNAN, RESIDING AT PUTHIYAKANDAM, MADIKAI VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/STATE -------------------------------- PREVENTIVE OFFICER, NEELESWAR EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.3878 of 2010 -------------------------- ORDER Petitioner, the second accused in C.P.No.147/2010 on the file of Judicial First Class Magistrate's Court- II, Hosdrug, against whom a non bailable warrant is pending, filed this petition for a direction to the Magistrate to recall the non bailable warrant and to release him on bail on the date of surrender. 2. When a non bailable warrant is pending, it is for the petitioner to appear before the Magistrate and seek regular bail. When an accused surrenders and files 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 the Apex Court or that Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv