IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Crl.MC.No. 4043 of 2010() ------------------------------------ STC.280/2005 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER/ACCUSED: ----------------------------------- MR.N.K. CHELLAPPAN, S/O.P.K.NAMBIAR, SREEDHARMA SASTHALAYAM, AMBALAVAYAL, PALLIKKUNNU, P.O.CHALAD, KANNUR BY ADV. SRI.C.K.SREEJITH RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MR.P.M. YOUSUFF, S/O.ALAVI PULLUSSERI MADALLIL HOUSE, THERRALKAL, MANJERI. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4043 OF 2010 --------------------------------------------- Dated 5th October, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to recall the non bailable warrant issued against the petitioner and to direct the Chief Judicial Magistrate, Manjeri not to insist presence of the petitioner, in the light of the decision of this Court in Jainbabu v. Joseph.K.T (2008 (4) KLT 16). Case of the petitioner is that cognizance was taken for the offence under Section 138 of Negotiable Instruments Act and petitioner had filed transfer petition to transfer the case to Kannur and by Annexure-A5 order though prayer for transfer was rejected, this Court directed the Chief Judicial Magistrate not to Crmc 4043/10 2 insist for personal presence of the petitioner for the purpose of trial and the petitioner was directed to apply for exemption through the counsel finding that only if, absolutely essential, personal appearance of the petitioner shall be insisted by the learned Magistrate. The petitioner has not produced the order issuing non bailable warrant. When non bailable warrant is pending, it is upto the petitioner to approach the concerned Magistrate and raise this contentions raised herein and seek withdrawal of non bailable warrant. Petitioner is entitled to raise all the contentions before the learned Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.