IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.MC.No. 991 of 2009() ------------------------ AGAINST THE PROCEEDINGS OF THE LP.47/2005 & 48/2005 (S.T.524/2002 & 525/2002) ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE -I, PERINTHALMANNA .................... PETITIONER(S)/ACCUSED: --------------- DIVAKARAN.S., S/O.SETHUMADHAVAN, PARUTHUKATTU HOUSE, EDAYAR STREET, PALAKKAD DISTRICT. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. V.V.RAMAN, S/O.LATE THAMI, VALIYAVEETTIL, PERINTHALMANNA P.O., MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 991 OF 2009 --------------------------------- Dated this the 13th day of March, 2009 O R D E R This petition is filed for a direction to the Judicial First Class Magistrate-I, Perinthalmanna not to execute the warrant pending against the petitioner in connection with L.P. 47/2005 and L.P. 48/2005 (S.T. 524/2002 and S.T. 525/2002). 2. The learned counsel very vehemently contends before me that it was not a deliberate act of not attending the court and the petitioner wants to wipe off the liability. In order to show that bonafides, he had produced before this court the photocopies of two demand drafts taken in the name of one Mr. V.V. Raman, who is the defacto complainant. If the petitioner surrenders and moves an application for bail, I direct the learned Magistrate to consider it as expeditiously as possible. The intention to wipe off the liability is also a matter that has to be taken into consideration for granting bail. In order to enable the Magistrate to consider the same, the surrender as well as the filing of the bail application shall be done in the early hours of the working day. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm