IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1294 of 2008() ----------------------------- L.P.NO. 32/2005 of JUDICIAL FIRST CLASS MAGISTRATE-I, VARKALA PETITIONER: ACCUSED ------------------- AMIR, S/O.NOOHUKANNU, PALAVILAKATHU HOUSE, EDAVA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. TAHSILDAR, CHIRAYINKEEZHU. 3. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1294 of 2008 ========================== Dated this the 8th day of April, 2008. O R D E R The petitioner who is the accused in C.C. No. 235 of 2002 and now pending as L.P. No. 32 of 2005 on the file of the Judicial First Class Magistrate-I, Varkala for offences punishable under Sections 294, 354 and 452 IPC subsequently surrendered before the Magistrate and was enlarged on bail. As per Annexure A1 communication dated 07.03.2006, the learned Magistrate issued an O.M to the Station House Officer directing him to return the non-bailable warrant unexecuted in view of the surrender of the petitioner before the Magistrate. The petitioner has also filed C.M.P. No. 2785 of 2007 before the Magistrate praying for lifting the order of attachment effected pursuant to steps taken under Sections 82 and 83 Cr.P.C taken against him. 2. In the report dated 01.04.2008, submitted to this Court, the learned Magistrate has stated that the said petition has not been disposed of as it was not put up before him by the bench clerk concerned and proceedings have been initiated against the CRL.M.C. NO. 1294/2008 : 2: bench clerk for his lapses. 3. Since the petitioner has already appeared before the Magistrate and has been enlarged on bail, he cannot now be treated as absconding so as to justify the continuance of the steps taken under Sections 82 and 83 Cr.P.C. Hence, the learned Magistrate shall pass order according to law in C.M.P. No. 2785 of 2007 within one week of receipt of a copy of this order. As and when the attachment is lifted, the Magistrate shall inform the Tahsildar concerned. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 1294/2008 : 3: