ORDER : This petition has been filed to direct the learned Judicial Magistrate, Manaparai, Trichy District to consider on the same day the petitioner's surrender and warrant recall application in S.T.C.No.70 of 2013 and to recall the non bailable warrant against him. 2. Heard the learned counsel for the petitioner. 3. It is seen that this petitioner was convicted by the learned Judicial Magistrate, Manaparai, Trichy District in S.T.C.No.70 of 2013 on 05.02.2016, on which date, the petitioner was not present in the Court. Learned Magistrate passed the order of conviction, but did not sentence the accused, since the Magistrate has to question the accused on sentence. The petitioner has come up with this petition to direct the Magistrate to consider his surrender and pass orders on the same day. 4. In the considered opinion of this Court, this Court under Section 482 Cr.P.C. cannot step into the shoes of the Magistrate and give such a direction in violation of the powers given to the Magistrate to question the accused and pass appropriate sentence. This Court cannot presume that the Magistrate will pass a sentence of imprisonment and remand the accused to custody without suspension of sentence. It is completely the discretion of the Magistrate as regards the quantum of sentence, that can be imposed upon the petitioner. 5. However, learned counsel for the petitioner has submitted that the petitioner is suffering from renal infection and therefore, he was not able to appear before the Magistrate on 05.02.2016. 6. This Court directs the petitioner to surrender before the learned Magistrate giving all the reasons for his failure to appear on 05.02.2016 and on such surrender, it is open to the learned Magistrate to pass orders in accordance with law, taking into consideration the merits of the case. Hence, the prayer as sought for by the petitioner cannot be granted. With the above observation, this Criminal Original Petition is closed.