IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Crl.MC.No. 3077 of 2009() ----------------------------------- SC.72/2006 of ADDL.SESSIONS COURT (ADHOC-I), KASARAGOD .................... PETITIONER/DEFACTO COMPLAINANT/INFORMANT -------------------------------------------------------------------------- K. SURESH, S/O. SAHADEVAN, AGED 31 YEARS, BAGLAVIL HOUSE, CHETTUKUNDU HOUSE, KEEKAN VILLAGE, KASARAGOD DISTRICT. BY ADV. MR.SURESH KUMAR KODOTH RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3077 of 2009 -------------------------- ORDER Petitioner, a witness in S.C.No.72/2006, being tried by Additional Sessions Judge (Adhoc-I), Kasaragod, filed this petition under Section 482 of Code of Criminal Procedure for a direction to the Sessions Judge to recall the non bailable warrant issued. According to the petitioner, he did not receive any summons. 2. Petitioner did not produce either the non bailable warrant or the order issuing non bailable warrant. If non bailable warrant is issued to the petitioner, as a prosecution witness, as he did not appear as directed by the learned Magistrate, I do not believe that as and when petitioner appears before the learned Sessions Judge, he will not be released on bail. If petitioner is only a witness and he appears, learned Sessions Judge to release him on bail to appear on a day on which the evidence in the case is to be recorded. Petition is disposed. 23rd September, 2009 (M.Sasidharan Nambiar, Judge) tkv