IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Crl.MC.No. 731 of 2010() ------------------------ CC.465/2009 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR .................... (CRIME NO.110/2009 OF ETTUMANNOOR POLICE STATION) PETITIONER(S): 5TH ACCUSED: ------------------------------------------------ P.K.VENKITESH @ SAKTHIVEL, S/O.KRISHNASWAMY, DR/29, DR.RAJENDRA PRASAD STREET, BHAVANI ROAD, PERUTHURA, ERODE DISTRICT, TAMIL NADU. BY ADV. MR.K.HARILAL RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ETTUMANNOOR POLICE STATION, KOTTAYAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.731 OF 2010 ------------------------------------------ Dated 3rd March 2010 O R D E R Petitioner is the fifth accused in C.C.465/2009 on the file of Judicial First Class Magistrate-I, Ettumanoor. Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to withdraw the non bailable warrant and to consider the application for bail on the date of his surrender. 2. When a non bailable warrant is issued, it is upto the petitioner to approach the learned Magistrate to withdraw it or to surrender and apply for bail. I find no reason to believe that Magistrate is unaware of the provisions of law or that he will not pass an order in the Crmc 731/10 2 application for bail on the date of his surrender or is unaware of the decisions of this court or that will not act in accordance with law. Hence no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.