IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Crl.MC.No. 530 of 2010() ------------------------------------ CRIME NO. 532/2009 OF CHALAKKUDY POLICE STATION ........... PETITIONER(S): ACCUSED NO. 2 AND 3 ------------------------ 1. SHAJAN, AGED 42, S/O. VELAYUDHAN, CHEMMANDAPARAMBIL HOUSE, P.O.KANAKAMALA, THRISSUR DISTRICT. 2. TILAKAN V.V., AGED 47 YEARS, S/O. VELAYUDHAN, VAILIKADA HOUSE, POTTA P.O., CHALAKKUDY. BY ADVS. MR.K.I.ABDUL RASHEED MR.C.MOIDEEN KUTTY SMT.SEEMA.E.GEORGE MR.K.A.SHAMSUDEEN SMT.V.H.JASMINE RESPONDENT(S): COMPLAINANT --------------------------- 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE CHALAKKUDY, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ======================== Crl.M.C No.530 OF 2010 ==================== Dated this the 16th day of February, 2010. O R D E R Petitioners are accused Nos. 2 and 3 in Crime No.532/2009 of Chalakudy Police Station taken cognizance of the offences under Section 406,468, and 420 read with 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to recall the non bailable warrant issued, without issuing summons and to direct the Magistrate to release the petitioners on bail. 2. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. The learned counsel appearing for the petitioners pointed out that Annexure-1 final report shows that petitioners were not arrested and the final report was filed as if they were absconding and the learned Magistrate was not justified and issuing non bailable warrant without issuing summons. Crl.M.C No.530 OF 2010 2 4. Annexure-1 final report submitted by the Sub Inspector of Police, Chalakudy taken cognizance by the learned Magistrate and produced by the petitioner shows that on 1.1.2010 the learned Magistrate took cognizance of the offence under Section 406,468, and 420 read with 34 of Indian Penal Code and issued non bailable warrant without issuing summons. The learned Magistrate was not justified in issuing non bailable warrants before issuing summons. 5. In such circumstance, Judicial Magistrate First Class, Chalakudy is directed to consider the petition for bail if any, filed by the petitioners on the date of their surrender/appearance and pass orders in the bail application, in accordance with law without delay. The non bailable warrant issued shall not be executed. Petition is disposed. M.SASIDHARAN NAMBIAR,JUDGE. mns