The court dismissed a petition filed under Section 482 CrPC seeking recall of a non-bailable warrant. The court held that no direction is warranted as the Magistrate is expected to act in accordance with law without delay upon the accused's surrender and bail application.
Petition was dismissed; no direction to recall the non-bailable warrant was issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931
Crl.MC.No. 178 of 2010()
---------------------------------CP.152/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, IRINJALAKUDA CRIME NO.350/2007 OF PUDUKKAD POLICE STATION.
PETITIONER/PETITIONER/2ND ACCUSED:
-----------------------------------------------------------
BINOJ, S/O.VELUKUTTY, KUNNATHUVALAPPIL HOUSE, THRIKKUR VILLAGE, PALLIYARA DESOM, THRISSUR.
BY ADV. MR.DILIP J. AKKARA
RESPONDENT/RESPONDENT/STATE:
------------------------------------------------------
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR.S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
=========================== CRL.M.C.No. 178 OF 2010
===========================
Dated this the 19th day of January,2010
ORDER
Petitioner is the accused in C.P.152/2008 on the file of Judicial First Class Magistrate Court-I, Irinjalakuda. A non bailable warrant is pending. This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Magistrate to recall the non bailable warrant as the case is now included in the long pending register.
Crl.M.C.178/2010 2
direction is warranted.
Petition is disposed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
2 issues framed by the court
Whether a direction to recall a non-bailable warrant is warranted when the case is included in the long pending register.
Whether the Magistrate is required to act without delay when an accused surrenders and applies for bail.
1 provisions across 1 enactments
BINOJ
THE STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
