IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 Crl.MC.No. 1819 of 2008() --------------------------------- CRIME NO.271/2004 OF THAMARASSERY POLICE STATION PETITIONER: ACCUSED NO.8 ----------------------------------------- SHAJI.K.K., S/O KOCHAHAMMED, AGED 39 YEARS, BUSINESS, KURUPPALI HOUSE, ALUVA-KEEZHAMADU, ERUMATHALA P.O., ERUMATHALA DESOM, CHOONDI VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY CIRCLE INSPECTOR OF POLICE, THAMARASSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- Crl.M.C.NO.1819 of 2008 ----------------------------------------- Dated this the 9th May, 2008 O R D E R The prayer in the petition is to give a direction to the learned Magistrate to release the petitioner on bail on the date of surrender itself. This prayer cannot be allowed in the light of the decision of this Court reported in Pappachan v. Muthu (2005(2) KLT 76). The other prayer is to recall non bailable warrant issued against the petitioner. The warrant is issued by the trial court and it can be recalled by the trial court itself, if there are sufficient grounds as stated by the petitioner. In the above circumstances, I find no reason to interfere with the proceedings of the trial court under Section 482 of the Code of Criminal Procedure. The Crl.M.C is dismissed. K.HEMA, JUDGE vgs.