IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 1074 of 2010 ---------------------------------- [CC.NO.414/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR] .................... PETITIONER/6TH ACCUSED: ----------------------------------------- K.P.KUNHIRAMAN NAMBIAR, S/O.GOVINDAN EMBRANTHIRI, ARATHI, VELLARVALLI P.O., VIA.,PERAVOOR, THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. MR.M.RAMESH CHANDER, MR.ANEESH JOSEPH. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KERALA STATE FINANCIAL ENTERPRISES LTD., KANNUR-1, REP. BY ITS AUTHORISED PERSONS SENIOR MANAGER K.P.RAVEENDRAN, S/O.SANKARAN NAMBIAR, AGED 55 YEARS, R/AT KANNAPURAM, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1074 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petitioner is the sixth accused on the file of Judicial First Class Magistrate-I, Kannur taken cognizance for the offence under Sections 406, 420, 468 and 471 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that petitioner has not acted illegally and was only discharging his official duty and the cognizance taken without sanction under Section 197 of Code of Criminal Procedure is bad. 2. Learned counsel appearing for the petitioner and learned Public Crmc 1074/10 2 Prosecutor were heard. 3. Petitioner has produced Annexure-A3 order passed by this court in Crl.R.P.4023/2008 whereunder, the case against second accused was discharged by this court, though learned Magistrate refused to discharge him under Section 239 of Code of Criminal Procedure. Learned counsel submitted that charge against petitioner is yet to be framed and non bailable warrant is pending. In such circumstances, petitioner is also at liberty to seek an order of discharge under Section 239 of Code of Criminal Procedure. Learned counsel submitted that direction may be issued to the learned Magistrate to release the petitioner on bail. When an accused against whom a non bailable warrant is pending, surrenders and files an application for bail, Magistrate is expected to Crmc 1074/10 3 pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed granting liberty to the petitioner to raise all the contentions before the learned Magistrate and seek an order of discharge. M.SASIDHARAN NAMBIAR, JUDGE. uj.