IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 Crl.MC.No. 1648 of 2011() ------------------------- CC.167/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR ................... PETITIONER / FIRST ACCUSED: --------------------------------------------- DAVI.V.THATTIL, THATTILPIDIYATH HOUSE, CAICO ROAD, CHELAKKOTTUKARA, THRISSUR. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENTS / STATE AND THE COMPLAINANT: ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2. LONAPPAN.C.J., S/O.JOB, CHEROOKKARAN HOUSE, CHELAKKOTTUKARA DESOM, CHIYYARAM VILLAGE, THRISSUR-680001. R1 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1648 of 2011 ==================================== Dated this the 13th day of June, 2011 O R D E R Petitioner is the first accused in Crime No.577 of 2010 of Thrissur East Police Station and C.C. No.167 of 2010 of the court of learned Chief Judicial Magistrate, Thrissur for offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code. It is alleged that at a time when petitioner was the Chairman of Fair Kuries she sanctioned loan to his daughter without observing terms and conditions regarding security against the recommendation made by the Clerk of the said Company and thereby committed offences alleged. Learned counsel submitted that charge has not been framed against petitioner so far and that there is no material to frame charge as well. According to the learned counsel if at all there is non- compliance in the matter of grant of loan that would not amount to an offence under Sec.406 of the IPC. It is also submitted that non-bailable warrant is pending against petitioner and she is likely to be arrested at any time. I have heard learned counsel for Public Prosecutor also. CRL.M.C. No.1648 of 2011 -: 2 :- It is open to the petitioner to plead discharge if according to her allegations do not constitute any offence as alleged. There is no reason why this Court should interfere under Section 482 of the Code of Criminal Procedure at this stage. However I am inclined to grant some relief to the petitioner since petitioner is facing a non-bailable warrant. Having regard to the offence alleged and that police has already submitted final report I am not inclined to think that remand of petitioner to police custody or judicial custody is warranted. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines. (i) It is open to the petitioner to plead discharge before the learned Chief Judicial Magistrate if that stage is not over. (ii) Non-bailable warrant issued to the petitioner will stand in abeyance for a period of one month from this day or till appearance of petitioner before the learned Chief Magistrate whichever is earlier. CRL.M.C. No.1648 of 2011 -: 3 :- (iii) If any application for bail/recall warrant is preferred by petitioner, learned Chief Judicial Magistrate shall dispose of the same as expeditiously as possible having regard to the circumstances of the case and in the light of the observations made above. THOMAS P. JOSEPH, JUDGE. vsv