IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Crl.MC.No. 2505 of 2009 -------------------------------- LP.11/2000 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM ............................................................................. PETITIONER(S): ACCUSED -------------------------------------- LAL.K.R., S/O.RAMACHANDRAN, AGED 41 YEARS, `GOKULAM', MOONAMANACKAL, ANAYARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PETTAH POLICE STATION, THIRUVANANTHAPURAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. GOKUL GOVIND, NAVARANGAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2505 OF 2009 =========================== Dated this the 31st day of July,2009 ORDER Petitioner is the accused in L.P.11/2000 on the file of Chief Judicial Magistrate Court, Thiruvananthapuram. A non bailable warrant is pending. As petitioner was absconding the case was included in the long pending register. Petitioner tried to get an order under section 438 of Code of Criminal Procedure from Sessions Court, Thiruvananthapuram which was rejected under Annexure 2 order. This petition is filed under section 482 of Code of Criminal Procedure to quash the warrant and direct the Magistrate to consider the application for bail on the date of his surrender. 2. When the petitioner was absconding, learned Magistrate included the case in the L.P register and issued non bailable warrant. It cannot be quashed as sought for. It is for the petitioner to surrender before the Magistrate and seek bail as rightly observed by the learned Sessions Judge under Annexure 2 order. If an absconding accused against whom a non Crl.M.C.2505/2009 2 bailable warrant is pending and he surrenders and files an application, Magistrate will pass appropriate order in accordance with law. I find no reason to give any direction as sought for. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006