IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1525 of 2008 ------------------------- ST.1777/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER: ------------ SADASIVAN, S/O. PARAMESWARAN NAIR, PARYIL HOUSE, PADIYUR GRAMA PANCHAYATH IRINJALAKUDA, THISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: ------------- 1. SATHYANARAYANAN, PROPRIETOR KENSOFT COMPUTER YSTEM PUROKOTTU PARAMBIL, THAVANOOR P.O. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROECUTOR MR. M.S.BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-04-2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1525 of 2008 = = = = = = = = = = = = = = Dated this the 7th April 2008 ORDER In this petition filed under Section 482 Cr.P.C. the petitioner who is one Sadasivan seeks to quash Annexure-2 complaint taken cognizance of as S.T.No.1777/2007 by the Judicial First Class Magistrate, Tirur on the ground that the said complaint is against one Sivadas of different address and the said accused in this private complaint is not the petitioner. But the learned Magistrate has issued non-bailable warrant against the petitioner. The petitioner can very well convince the Magistrate about the mistaken identity, if any, by surrendering before the magistrate and producing evidence before the Magistrate in support of his contention notwithstanding the non-bailable warrant if any pending against him. In case the Magistrate finally holds that the petitioner is the accused in the above case, he shall be entitled to seek bail before the magistrate. Being a prosecution under Section 138 of the Negotiable Instruments Act, the Magistrate shall release the petitioner on bail on appropriate conditions. This Crl.M.C.is disposed of accordingly. Issue photocopy today itself. V. RAMKUMAR, JUDGE ks.