V.Shantha vs Preventive Officer on 6 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3648 of 2010()


1. V.SHANTHA, AGEED 42 YEEARS
                      ...  Petitioner

                        Vs



1. PREVENTIVE OFFICER, NEELESWAR EXCISE
                       ...       Respondent

                For Petitioner  :SRI.SURESH KUMAR KODOTH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :06/09/2010

 O R D E R
            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