IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 CRL.MC.NO. 1286 OF 2011() ----------------------------------------- CC.185/2011 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ACCUSED --------------------------------------- ANIL, S/O.LATE PARAMESWARAN NAIR, SURABHI, ARASUPARAMBU, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE ------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NISHA, D/O.LATHIKA, TC.10/959(B), VIVEKANANDAPURAM, MANNAMOOLA, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SHRI C.M. NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1286 of 2011 ==================================== Dated this the 26th day of April, 2011 O R D E R Petitioner is accused in C.C. No.185 of 2011 of the court of learned Judicial First Class Magistrate-II, Thiruvananthapuram. He suffered an order in M.C. No.107 of 2008 under the provisions of the Protection of Women from Domestic Violence Act, on a proceeding initiated by the second respondent, his wife. The second respondent later filed C.M.P. No.873 of 2011 alleging that petitioner violated the order in M.C. No.873 of 2011. On that petition learned Magistrate took cognizance against petitioner and filed C.C. No.185 of 2011 according to the petitioner, without notice to him and a non-bailable warrant was also issued to him. Petitioner says that he is ready to surrender before the learned Magistrate but is apprehensive of a remand to judicial custody. Hence it is prayed that a direction may be issued to the learned Magistrate to recall the warrant and release him on bail on the day he surrenders. I have heard learned counsel for petitioner and the learned Public Prosecutor. CRL.M.C. No.1286 of 2011 -: 2 :- 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction as prayed for could be issued to the learned Magistrate. But to enable the petitioner surrender before the learned Magistrate and seek bail or recall the warrant I am inclined to grant time to the petitioner. Resultantly Criminal Miscellaneous Case is disposed of directing that the non-bailable warrant issued to the petitioner will stand in abeyance for a period of three weeks from this day or till petitioner appears before the learned Magistrate, whichever is earlier. If petitioner files an application for bail/recall of the warrant learned Magistrate shall consider the same and pass appropriate orders as expeditiously as possible. THOMAS P. JOSEPH, JUDGE. vsv