IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16201 of 2008(D) -------------------------- ST.113/1992 of J.M.F.C., KODUNGALLUR .................... PETITIONER: ------------ SATHYADEVAN, MORATH HOUSE, P.O.EDAMATTOM, TRISSUR - 680 568. BY ADV. SRI.R.MANOJ RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.16201 of 2008 ---------------------------------------- Dated this the 30th day of May 2008 J U D G M E N T The petitioner who has received Ext.P2 notice under Section 446 Cr.P.C to appear before the learned Judicial First Class Magistrate Court, Kodungalloor has rushed to this court with this petition with a prayer to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C to quash the proceedings. 2. Petitioner was the surety for an accused before the learned Magistrate. Evidently, that accused has not been appearing before the learned Magistrate and proceedings are initiated against the said accused. It is, in these circumstances, that the show cause notice under Section 446 Cr.P.C is issued against the petitioner. The petitioner is directed to appear before the learned Magistrate on 31/5/2008. 3. According to the petitioner, the accused had expired on 31/1/2008 and therefore he is not in a position to produce the accused before the learned Magistrate. W.P.C.No.16201/08 2 4. It is for the petitioner to appear before the learned Magistrate and apprise the learned Magistrate of the fact that the accused who has been released on bail on his bond has already expired and he is hence not able to produce him before the learned Magistrate. Instead of doing that the petitioner has unnecessarily rushed to this court with this writ petition. 5. This writ petition is in these circumstances dismissed with the observation that the petitioner must apprise the fact that the accused is dead to the learned Magistrate on the next date of posting. The learned Magistrate must proceed to pass appropriate orders. (R.BASANT, JUDGE) jsr W.P.C.No.16201/08 3 W.P.C.No.16201/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007