IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 281 of 2010() ------------------------ AGAINST THE ORDER IN LP 384/09 IN CC.871/2006 of Munsiff Magistrate Court, Paravur, Kollam .................... PETITIONER: --------------- BINU, AGED 42 YEARS, S/O.THANKAPPAN CHALIL PUTHEN VEEDU, THAZHOM SOUTH CHATHANNOOR PO, MEENADU VILLAGE, KOLLAM DISTRICT BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): --------------- 1. STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. SI OF POLICE, CHATHANNOOR, KOLLAM DISTRICT 3. P S JAYALAL, S/O.LATE PADAMANBHA PILLAI, PADMAVILASOM KOONAYIL, PARAVUR PO, KOLLAM DISTRICT BY PUBLIC PROSECUTOR MR.P A SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. M. C. No.281 of 2010 ------------------------------------- Dated 28th January 2010 Order This is a petition filed under Section 482 of the Code of Criminal Procedure, seeking to have the warrant issued against the petitioner recalled. 2. The petitioner is an accused in CC No.871/06 for having committed the offence punishable under S.138 of the Negotiable Instruments Act. He submits, he has been falsely implicated in the said case. Since the petitioner did not respond to the summons issued to him and as warrant was issued, he apprehends that if he surrenders before the Court below, he will be remanded to judicial custody. He says, he had genuine reasons for non-appearance before Court. 3. Whatever that be, since a warrant has already been issued, it is only appropriate for the petitioner to approach the Court below and appraise the Court of the Crl.M.C. No.281/10 2 situation, which compelled him to stay away. There is no reason for this Court to believe that the Court below will not consider his application in the proper sense. Accordingly, the petitioner is directed to approach the Court below and appraise the Court of the true state of affairs. This petition is dismissed with a direction to the learned Magistrate to consider the application for bail if any submitted by the petitioner sympathetically on the very same day itself, if possible. P.BHAVADASAN, JUDGE (Issue copy today itself) sta Crl.M.C. No.281/10 3