IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4422 of 2010()
1. MANOJ @ KEEPER MANOJ, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.V.M.KURIAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :04/11/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 4422 OF 2010
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Dated this the 4th day of November,2010
ORDER
Petitioner is the accused in C.C.725/2005
on the file of Judicial First Class Magistrate
Court, Thiroor. This petition is filed under
section 482 of Code of Criminal Procedure for a
direction to the Magistrate to consider the
application for bail on the date of his
surrender contending that cognizance was taken
for the offence under section 379 of Indian
Penal code and he was granted bail at the
investigation stage and thereafter no summons
was received from the court and the non
bailable warrant was issued.
2. When a non bailable warrant is pending
and the accused surrenders and files an
application for bail, Magistrate is expected to
pass orders in the application without delay.
Crl.M.C.4422/2010 2
I find no reason to believe that if summons was not
served on the petitioner and a non bailable warrant
was issued, learned Magistrate will not withdraw
the non bailable warrant or will not grant bail to
the petitioner. In such circumstances, no
direction is warranted.
Petition is disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006