IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 Crl.MC.No. 1409 of 2009() ------------------------- CMP (EXECUTION) NO. 414/2009 IN MC.61/2008 OF THE FAMILY COURT, MALAPPURAM. .................... PETITIONER(S): RESPONDENT :- --------------- ERIYADAN MUSTAFA, S/O.MUHAMMEDKUTTY, ERIYADAN HOUSE, KANNATTIPADY, VENGARA, MALAPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA RESPONDENT(S): STATE:- --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION – THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY P.P. SRI. V.T.K. MOHANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-4-2009 , THE COURT ON 24/04/2009 PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- Crl.M..C.No.1409 OF 2009 -------------------------- Dated this the 24th day of April 2009 ------------------------------------- O R D E R This petition is moved under Section 482 Cr.P.C praying for withdrawal of a non-bailable warrant issued against the petitioner in C.M.P.(Execution) No.414/2009 in M.C.No.61/08 on the date of surrender of the petitioner before the Family Court, Malappuram, where the proceedings are pending. In the above M.C which is stated to be a proceeding under Section 125 Cr.P.C, an ex parte order granting Rs.3,000/- to the wife and Rs.2,500/- and Rs.1,500/- each to the two minor children had been passed by the family court. To realise the arrears of maintenance due to the wife and children, they had moved the above execution petition in which a warrant is stated to have been issued against the petitioner. The learned counsel Crl.M.C.No.1409/2009 2 for the petitioner submits that a revision had already been filed challenging the ex parte order with a petition to condone the delay and it is still pending enquiry. The petitioner is employed in Gulf country and hence he could not appear before the court and the case proceeded with trial, further submits the learned counsel. 2. Having regard to the submissions made, I find the ends of justice would be met if the petitioner is directed to deposit Rs.40,000/- towards arrears of maintenance due on his appearance before the family court and if such deposit is made, the family court shall withdraw the warrant issued against him and proceed with the case in accordance with law. The petitioner is directed to appear before the Family court, Malappuram within two weeks from the date of this order and on the date of appearance itself he should remit Rs.40,000/- (Rupees forty thousand Crl.M.C.No.1409/2009 3 only) as part of the arrears of maintenance due from him under the orders passed by the Family court in favour of the wife and children. Deposit, if any, made shall be released to the wife and children. It is made clear that deposit made by the petitioner will be subject to the result of the challenge made by him in the revision against the ex parte order. 3. This petition is allowed as indicated. Hand over copy of this order to the learned counsel for the petitioner. S.S.SATHEESACHANDRAN, JUDGE jsr Crl.M.C.No.1409/2009 4