Accused filed Cr. Misc. case to stay execution of non-bailable warrant and seek bail. Court denied direction to Magistrate, holding accused should surrender and file bail application on own initiative.
Petition disposed; no direction to Magistrate to stay non-bailable warrant or grant bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931
Crl.MC.No. 81 of 2010()
----------------------CP.26/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM
PETITIONER(S): ACCUSED:
------------------------------------------
SREEKUMAR A., S/O. AYYAPPAN, CHALACHAKKARA PUTHEN VEEDU, N.R.R.A. 123, VATTIYOORKAVU, THIRUVANANTHAPURAM.
BY ADV. MR.R.ANIL
RESPONDENT(S): COMPLAINANT:
-----------------------------------------------------
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR. P.A.SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
Crl.M.C.NO.81 OF 2010 ------------------------------------------ Dated 11th January 2010
O R D E R
Petitioner is the accused in
C.P.26/2006 on the file of Judicial First
Class Magistrate-III, Thiruvananthapuram.
Non bailable warrant is pending. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to stay execution of non bailable warrant to enable the petitioner to appear and seek bail.
the petitioner and learned Public
Prosecutor were heard.
pending, it is for the petitioner to
surrender before the learned Magistrate and
Crmc 81/10
2
file an application for 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 decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such
circumstances, no direction is warranted.
Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
Sreekumar A.
State of Kerala
M. Sasi Dharan Nambiar
As recorded by the court registry
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