IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Crl.MC.No. 4052 of 2003 ---------------------------------------- CC.343/2000 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER / COMPLAINANT: ------------------------------------------------ ANTONY T.O., AGED 50 YEARS, S/O. OUSO, THEKKENATH HOUSE, NARAKKAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.A.X.VARGHESE RESPONDENTS / STATE AND ACCUSED: ---------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRADEEP KUMAR, AGED 32 YEARS, S/O. BALAKRISHNAN, RESIDING AT THALIYATH HOUSE, MENJANAM P.O., PERAMBRA, KOZHIKODE. 3. SUPERINTENDENT OF POLICE, RURAL, KOZHIKODE. 4. STATION HOUSE OFFICER, PERAMBRA, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.AMJETH ALI SRI.K.K.JAYARAJ NAMBIAR FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON 25/03/2008 PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.4052 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March 2008 ORDER In this petition filed under Section 482 of the Code of Criminal Procedure, petitioner who is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act takes exception to the inaction of respondents 3 and 4 in executing the non-bailable warrant issued by the trial court against respondent no.2/accused. 2. The grievance of the petitioner appeared to be that respondents 3 and 4 had not been taking effective steps to apprehend and produce the accused before the court in spite of pendency of non-bailable warrant issued by the court. Learned Government Pleader, after getting instruction, submits that respondent No.2/accused had been arrested and produced before the court on January 30, 2004. In that view of the matter, no further orders are necessary in this Criminal M.C. Crl.M.C.No.4052 OF 2003 :: 2 :: 3. However, learned counsel for the petitioner submits that the accused had again jumped bail and he is still at large. The further grievance is that Police officers are yet again guilty of laches in as much as the accused has not been apprehended so far. 4. It will be open to the petitioner to pursue the matter before the trial court. I do not find any reason why the learned Magistrate shall not issue appropriate orders to ensure that non-bailable warrant, if any, issued against the accused is executed promptly. Criminal M.C. is closed. (A.K.BASHEER, JUDGE) jes Crl.M.C.No.4052 OF 2003 :: 3 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.4052 OF 2003 - - - - - - - - - - - - - - - - - - - - - - ORDER Dated 25th March 2008