IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 18024 of 2009(Q) --------------------------------------- [CC.NO.1129/1999 OF J.M.F.C.-II, ERNAKULAM] .................... PETITIONER: ------------------- M/S AKAI CREATIONS CINEMA PVT LTD., P.B. NO. 43, VETTOOR HOTEL BUILDING, ETTUMANOOR, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. ROBIN CHERIYAN, S/O. CHERIYAN, AGED 41 YEARS, RESIDING AT VETTOOR HOUSE, ERRUMANOOR KARA, KOTTAYAM TALUK. BY ADVS. MR.ABRAHAM MATHEW (VETTOOR), MR.JOSE KUTTIYANI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT , HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, KOCHIN CITY, ERNAKULAM. 3. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM NORTH POLICE STATION (KASBA), CHITTOOR ROAD, ERNAKULAM. 4. THE SUB INSPECTOR OF POLICE, ERNAKULAM NORTH POLICE STATION (KASBA), CHITTOOR ROAD, ERNAKULAM. 5. SRI. BAIJU D.D, S/O. MATHEW, AGED 34 YEARS, 2-D FILMS, KOCHI-17, AND RESIDING AT VADEKKAL 2-D VILLA, AZAD ROAD, KALOOR, COCHIN-17. R1 TO R4 BY GOVERNMENT PLEADER MR. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 18024 OF 2009 =========================== Dated this the 17th day of September,2009 JUDGMENT The Writ Petition is filed for a direction to respondents 2 to 4, to arrest fifth respondent the accused in C.C.1129/2000 on the file of Judicial First Class Magistrate-II contending that inspite of the non- bailable warrant issued, fifth respondent is not being arrested. 2. In view of the allegation raised in the petition, report was called from Judicial First Class Magistrate, Ernakulam whether non-bailable warrant is pending. The report received discloses that a non- bailable warrant was issued to the petitioner himself on his request on 20.5.2005 and the non-bailable warrant was not returned and thereafter no further non-bailable warrant was issued by the court. In such circumstance,petitioner is not entitled to allege non action on the part of the police officer. Petition is bereft of bonafides. The petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006