IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 4505 of 2008() ------------------------- AGAINST THE ORDER DATED 02/03/2005 IN CRMA 2751/05 IN CRRP.501/2005 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: --------------- JOY, S/I. LONAPPAN KUTTIKKATTUPARAMBIL HOUSE P.O. NALLALAM, CHERUVANNUR, KOZHIKODE DIST. BY ADV. SRI.A.RANJITH NARAYANAN RESPONDENTS --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. A. KALI, W/O. S. ANTONY, ADHIKARITHARAMMAL VEEDU, KANNADIKULAM P.O., KOLITHARA, KOZHIKODE. 3. G.PEETHAMBARAN, S/O. GOPALAN NAIR 'THILAKA NIVAS', P.O. THENHIPALAM THIRURANGADI TALUK. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4505 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2008 O R D E R The petitioner is a surety of an accused facing indictment under Section 138 of the N.I. Act. The accused has not been appearing before the learned Magistrate. The learned Magistrate has registered M.C.9 of 2008 under Section 446 Cr.P.C. Notice has been issued to the petitioner under Section 446 Cr.P.C. to appear and show cause why payment of the bond amount should not be enforced against him. Instead of appearing before the learned Magistrate, the petitioner has rushed to this Court with this application under Section 482 Cr.P.C. 2. The learned counsel for the petitioner submits that given 45 days time, the petitioner shall be in a position to ensure that the accused appears before the learned Magistrate. 3. I am afraid, the petitioner has come to the wrong forum now. He has necessarily to appear before the learned Magistrate and advance this contention before the learned Magistrate. I Crl.M.C.No. 4505 of 2008 2 have no reason to assume that the cause to be shown by the petitioner under Section 446 Cr.P.C. shall not be considered by the learned Magistrate before appropriate orders are passed under Section 446 Cr.P.C. If aggrieved by such orders, the petitioner has a right of appeal under Section 449 Cr.P.C. I am in these circumstances satisfied that this Crl.M.C. only deserves to be dis. 4. This Crl.M.C. is dismissed, but with the above observations. (R. BASANT) Judge tm