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. 3877 of 2010() ------------------------------------- C.C.3475/2001 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ...................... PETITIONER/ACCUSED NO.2 ------------------------------------------- SACHIN TANDON, AGED 39 YEARS, S/O.SURESH TANDON, RESIDING AT J-197, SECTOR 25, JEL VAYU VIHAR, NOIDA, DELHI, NCR 201301. BY ADV. SRI.GEO PAUL, SRI.SANU MATHEW, SR.C.R. PRAMOD, SRI.NEOL JOSEPH, SRI.RAZEENA P.T., SRI.RAJANISH K.V. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY ASST.COMMISSIONER OF POLICE, NARCOTIC CELL, ERNAKULAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.P.A. SALIM. 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.3877 of 2010 -------------------------- ORDER Petitioner, the second accused in C.C.No. 3475/2001 on the file of Chief Judicial Magistrate's Court, Ernakulam, against whom a non bailable warrant is pending, filed this petition for a direction to the Chief Judicial Magistrate to cancel the non bailable warrant and to consider the application for bail to be moved by the petitioner on the date of surrender. 2. When a non bailable warrant is pending, it is up to the petitioner to appear before the Chief Judicial Magistrate and seek an order recalling the non bailable warrant. When an accused surrenders and files an application for bail, Chief Judicial Magistrate is expected to pass orders on the application without delay. I find no reason to believe that Chief Judicial Magistrate is unaware of the provisions of law or the decisions of this CRMC 3877/10 2 Court or the Apex Court or that the Chief Judicial Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv