IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Crl.MC.No. 1237 of 2010 --------------------------------------- CC.15/2010 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... PETITIONERS: 1. SAJAN VARGHESE, S/O.LATE.M.C.VARGHESE, MANAGING DIRECTOR, MANGALAM PUBLICATIONS, MANGALAM COMPLEX, S.H.MOUNT.P.O, KOTTAYAM, RESIDING AT MANGALAPPALLY HOUSE, KALATHIPPADY POST, KOTTAYAM. 2. SABU VARGHESE, S/O.LATE.M.C.VARGHESE, CHIEF EDITOR, DO. DO., GANDHI NAGAR POST, KOTTAYAM. 3. DR.SAJI VARGHESE, S/O.LATE M.C.VARGHESE, DIRECTOR, DO. DO., RESIDING AT MANGALAPPALLY HOUSE, KUMARANALLUR.P.O, KOTTAYAM. 4. BIJU VARGHESE, S/O.LATE M.C.VARGHESE, DIRECTOR, DO. DO., DEVALOKAM POST, KOTTAYAM. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. K.T.JOSEPH, S/O.LATE K.V.THOMAS, 50/1772, YUVAJANA SAMAJAM ROAD, KADAVANTHRA, COCHIN-20. 3. DIRECTOR GENERAL OF THE POLICE, OFFICE OF THE D.G.P., THIRUVANANTHAPURAM. 4. THE SUPT OF POLICE, KOTTAYAM, OFFICE OF THE SUPT.OF POLICE, KOTTAYAM. BY PUBLIC PROSECUTOR SRI.I.B.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1237 of 2010 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure by the accused in C.C.No.15/2010 on the file of Judicial First Class Magistrate's Court-III, Kozhikode contending that non bailable warrants were issued before personal service of summons effected on them. 2. Learned counsel appearing for the petitioners was heard. 3. Magistrate cannot issue non bailable warrants without first effecting personal service of summons on the accused in a case, where the offences alleged are under Sections 120B, 501 and 107 read with Section 34 of Indian Penal Code. If the grievance of the petitioners is that non bailable warrants were issued before service of personal summons on them, they are at liberty to approach the learned Magistrate and to recall the CRMC 1237/10 2 non bailable warrants or to release them on bail. If non bailable warrants were issued without personal service on the accused, learned Magistrate is bound to recall the non bailable warrants and issue bail to the accused. When such an application is filed, Magistrate is expected to pass orders on 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. Hence, no direction is warranted. Petition is disposed. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv