IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 339 of 2010() ------------------------ CC.171/2008 of JFCM IV, KOCHI .................... PETITIONER(S): ACCUSED ---------------------- ASHARAF C.A., S/O. E.ABDUL KHADER, KAMBIVALAPPIL HOUSE, KOUSALYA NAGAR, ELAMAKKARA, COCHIN. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PP MR.S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.339 of 2010 ------------------------------------- Dated 2nd February 2010 Order In this petition filed under S.482 of the Code of Criminal Procedure, the petitioner prays for a direction to the JFCM-IV, Kochi to recall the non-bailable warrant issued against him and to consider the bail application to be submitted by him on the same date of his surrender before Court. 2. The petitioner is the accused in CC No.171/08 on the file of the JFCM-IV, Kochi, for having committed the offence punishable under S.138 of the Negotiable Instruments Act. He says that he did not receive the summons from Court and he had no idea of the pendency of the case. He is employed at Bangalore and only when the Police came in search of him, he came to know that a non-bailable warrant has been issued against him. The petitioner pointed out that there is no wilful laches CRMC 339/10 2 on his part in appearing before the Court pursuant to the non-bailable warrant issued against him and prays that the warrant may be recalled. 3. The petition is disposed of with a direction that the petitioner shall surrender before the Magistrate's Court on or before 10.02.2010 and if the petitioner files an application for bail, the same shall be disposed of by the concerned Court in accordance with law on the same date of its filing. Till such time, the non-bailable warrant shall be kept in abeyance. P.BHAVADASAN, JUDGE sta CRMC 339/10 3