IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 CRL.MC.NO. 1579 OF 2011() ---------------------------------------- CC.835/2010 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM PETITIONER(S): ACCUSED: --------------------------------------- K.S.REMADEVI, W/O.CHANDRADATH, AGED 59 YEARS, RAM NIVAS, KUTHIATHODU, CHERTHALA. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.R.NIKHIL RESPONDENT(S): COMPLAINANT & STATE: -------------------------------------------------------------- 1. K.G.PONNAN, S/O.GOPALAN, KARATHARA HOUSE, KUMBALANGI P.O., KOCHI-7. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1579 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R Petitioner is accused in C.C. No.835 of 2010 of the court of learned Judicial First Class Magistrate-II, Ernakulam for offences punishable under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. Petitioner could not appear in the trail court on account of her illness. Though petitioner sought exemption from appearance that was rejected. Learned Magistrate has issued a non-bailable warrant to the petitioner. In this proceeding petitioner seeks to set aside the order dated May 20, 2011 issuing warrant to her and time to appear before the learned Magistrate. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. I do not find reason to interfere with the order issuing warrant since that is an order passed by the learned Magistrate in his discretion having regard to the facts and circumstances of the case. But I am inclined to grant some time to the petitioner to appear before the learned Magistrate. Resultantly, Criminal Miscellaneous Case is disposed of CRL.M.C. No.1579 of 2011 -: 2 :- granting petitioner a month's time from this day to appear before learned Judicial First Class Magistrate-II, Ernakulam and seek regular bail/recall the warrant. Application for bail/recall of warrant if any preferred by the petitioner shall be disposed of by the learned Magistrate as expeditiously as possible. Non-bailable warrant issued to the petitioner will stand in abeyance during the said period of one month or till petitioner appears before the learned Magistrate, whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv