IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 3648 of 2010() ------------------------- CP.120/2010 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED ----------------------------- V.SHANTHA, AGEED 42 YEEARS W/O.LATE SHEKHARAN, RESIDING AT VATTAPOIL HARIJAN COLONY, PEROLE VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): STATE ---------------------------- PREVENTIVE OFFICER, NEELESWAR EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3648 OF 2010 =========================== Dated this the 6th day of September,2010 ORDER Petitioner the accused in C.P.No.120/2010 on the file of Judicial First Class Magistrate's Court-II, Hosdurg filed this petition for a direction to the Magistrate to recall the non bailable warrant and to consider the application for bail on the date of surrender. 2. When a non bailable warrant is pending, it is upto the petitioner to approach the concerned Magistrate to withdraw the non bailable warrant surrender and seek bail. When an accused surrenders and files an application for bail, 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 Crl.M.C.3648/2010 2 decisions of this court or that the Magistrate will not act in accordance with law. Hence no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006