IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Crl.MC.No. 265 of 2010 -------------------------------- CC.NO.335/2008 OF JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONERS/ACCUSED: ------------------------------------ 1. MUHAMMED ABDUL RAZAK, S/O. KASIM, KASIM MANZIL, MANJERI, MALAPPURAM DISTRICT. 2. MUNEERA, D/O. MUHAMMED, PALLIPOYIL,KARATTUPOYIL, PALATH, KOZHIKKODE DISTRICT. BY ADV. MR.BABU S. NAIR. RESPONDENTS/STATE: ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. BY PUBLIC PROSECUTOR MR. SALIM.P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. --------------------------- Crl.M.C No.265 OF 2010 -------------------------------- Dated this the 27th day of January 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have non-bailable warrants issued by the Judicial First Class Magistrate Court IV recalled. 2. Petitioners are accused in C.C No.335/2008 on the file of the Judicial First Class Magistrate Court IV, Kozhikode. Offence alleged against the petitioners are punishable under Section 406, 417, 420, 506(ii) r/w Section 34 I.P.C. 3. The allegation was that they obtained money promising to procure visa for the defacto-complainant and then defaulted later on. It is stated that initially a complaint was filed before the court. It was sent for investigation under Section under Section 156(3) Cr.P.C(3) of the Code of Criminal Procedure. After investigation it was referred to the court to file. The protest was filed by the defacto-complainant on which cognizance was taken. 4. Petitioners on getting summons appeared before the court through counsel initially. They were granted bail. Later, they could not appear before the court as the 1st Crl.M.C No.265 OF 2010 Page numbers petitioner has to go abroad . There was no wilful latches on their part in appearing before the court in subsequent dates. Petitioner has pointed out that they want to cooperate with the court. So it is prayed that the non-bailable warrants issued may be recalled. 5. Even though it is not proper for this court to recall the warrant, considering the facts of the case that the petitioner had initially appeared before the court and there is no any wilful default on their part, they should be given an opportunity to surrender before the court and move necessary applications. Therefore, the petitioner is given a weeks time to appear before the court. Until then, the warrant shall be keep in abeyance. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv