IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.MC.No. 3691 of 2009() ---------------------------------- CC.1473/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA. CRIME NO.872/2008 OF KALAMASSERY POLICE STATION. .................... PETITIONER(S): ACCUSED ---------------------- MUJEEB P.S.,S/O.SHAMSUDHEEN, AGED 36 YEARS,PANDIKASALAYIL HOUSE, CHAKKARAPPADAM P.O.,PERINJANAM VILLAGE, KODUNGALLOOR TALUK,THRISSUR DISTRICT. BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3691 OF 2009 ------------------------------------------ Dated 17th November 2009 O R D E R Petitioner is the accused in C.C.1473/2008 on the file of Judicial First Class Magistrate-II, Aluva. This 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 grant bail on the date of his surrender. 2. When an accused surrenders and files an application for bail or petition to re-call the non bailable warrant, 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 decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. This petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.