Manoj @ Keeper Manoj Vs. State of Kerala

[h.billappa j.] this r.s.a. is filed under section 100 of cpc against the judgment and decree dated 22.03.2006 passed in ra.no.21/1996 on the file of the district & sessions judge. kodagu, madikeri, dismissing the appeal and confirming the judgment and decree dated 29.06.1996. passed in o.s.no.87/19990 on the file of the civil judge, kodagu. madikeri.o r d e rm.sasidharan nambiar,j. =========================== crl.m.c.no. 4422 of 2010 =========================== 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. 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.