IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 4310 of 2010() -------------------- CC.1279/2007 OF JUDL. FIRST CLASS MAGISTRATE COURT, MALAPPURAM CRIME NO. 370/2007 OF KOTTAKKAL POLICE STATION ................. PETITIONERS / ACCUSED NOS. 1 & 3 : ----------------------------------------------------- 1. SAKEER, S/O. MUHAMMED, 23 YEARS OF AGE, PARAPPURATH HOUSE, EDATHANATTUKARA, KAPPUPURATH, MALAPPURAM DISTRICT. 2. SHIHABUDHEEN, S/O. UMMAR, 25 YEARS AGE, MUNDAMPERY HOUSE, EDATHANATTUKARA, KAPPUPURATH, MALAPPURAM DISTRICT. BY ADVS. SRI.SHIRAZ ABDULLA SRI.MUHAMMED NASARULLAH RESPONDENT / RESPONDENT : ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4310 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petitioners are accused 1 and 3 in C.C.1279/2007 on the file of Judicial First Class Magistrate's Court, Malappuram. Petition is filed under Section 482 of Code of Criminal Procedure, for a direction to the Magistrate to re-call the non bailable warrant and to release the petitioners on bail on the date of their surrender. 2. When the non bailable warrants are pending, it is upto the petitioners to surrender before the concerned Magistrate and apply for bail. It is for the learned Magistrate to decide whether petitioners are to be released ob bail or not. If petitioners surrender and file applications for bail, Crmc 4310/10 2 Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decision of this Court or that the Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.