IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.MC.No. 4117 of 2011() ------------------------------------- CC.NO.283/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S)/2ND ACCUSED --------------------------------------------- GIRIJA, W/O.RAVEENDRA KUMAR, ROHINI NIVAS,CHEENIVILA ROAD, PONGUMOODU,MARANALLOOR, THIRUVANANTHAPURAM BY ADVS. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S)/ COMPLAINANT & STATE --------------------------------------------------------------- 1. TARA SANITARY WARES, MEENATHOTTAM CHAMBERS, OPPOSITE S.B.I PATTOM,THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER AND POWER OF ATTORNEY HOLDER OF THE MANAGING PARTNER MR. AJITH KUMAR. S. PIN-695 004. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.4117/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE COMPLAINT CC.NO.283 OF 2007 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ANNEX-II COPY OF THE REPLY NOTICE DATED 2/11/2006 SENT BY THE PETITIONER THROUGH HER COUNSEL. ANNEX-III COPY OF THE AFFIDAVIT WITH PETITION TO RECALL THE WARRANT AND GRANTED EXEMPTION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4117 of 2011 ----------------------------------- Dated this the 2nd day of December 2011 O R D E R Petitioner is the 2nd accused in C.C.No.283/2007 pending before the court of learned Additional Chief Judicial Magistrate, Thiruvananthapuram. It is stated that the offence alleged against her is under Sec.138 of the N.I.Act. The case is of the year 2007. It is not known whether the petitioner has not appeared earlier. The learned counsel for the petitioner submits that a petition under Sec.205 Cr.P.C. was filed to recall the warrant issued against her. 2. Now, the learned counsel for the petitioner submits that petitioner is ready to appear before the learned Magistrate and will apprise the learned Magistrate of the reasons for her absence on earlier dates. Annexure- III is the petition filed but it was not considered by the Crl.M.C. No.4117 of 2011 -: 2 :- learned Magistrate, the learned counsel submits. It appears that petitioner did not surrender before the learned Magistrate as NBW is pending against her . It is for the petitioner to surrender before the learned Magistrate and apply for bail and thereafter she can request for exemption from personal attendance. That petition may have to be disposed of by the learned Magistrate after hearing the complainant also. Petitioner will surrender before the learned Magistrate within two weeks from today and will request for appropriate orders. Such applications will be considered and disposed of by the learned Magistrate in the light of what has been stated above. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt