IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 3731 of 2011() ------------------------------------ CC.287/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA CRIME NO.276/2010 OF ALAPPUZHA SOUTH POLICE STATION. .................... PETITIONER/DEFACTO COMPLAINANT -------------------------------------------------------- VINOD KUMAR, AGE 37 YEARS, S/O.SOMASUNDARAN PILLAI, MOONUKULANGARA HOUSE, KANJOOR, KALADY, ERNAKULAM DISTRICT, NOW WORKING AS BRANCH MANAGER, PEST CONTROL INDIA LTD., M.G. ROAD, ERNAKULAM. BY ADV. SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENT/STATE -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.276/2010 OF SOUTH POLICE STATION, ALAPPUZHA) BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3731 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-I: COPY OF THE PETITION SUBMITTED BEFORE THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS-I, ALAPPUZHA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3731 of 2011 ---------------------------------------------------- Dated this the 3rd day of November, 2011 Order The petitioner is the defacto complainant in CC No.287 of 2010 on the file of JFCM Court-I, Alappuzha. The learned counsel for the petitioner submits that the defacto complainant after seeking permission under Section 301(2) Cr.P.C. furnished the correct address of the accused on 27.6.2011. Though warrants were stated to have been issued in that address, those warrants were simply returned by the police stating that policemen were on other duty. The learned counsel for the petitioner submits that the accused is still available in the address furnished and so there is no difficulty for the police to execute the warrant. Hence, the learned Magistrate will issue Non Bailable Warrant, if no such Non Bailable Warrant is pending execution against the accused, in the address furnished by the complainant in his petition dated 27.6.2011. The learned Magistrate will see that the warrant is executed by the police without fail. The learned Public Prosecutor Crl.M.C.3731/11 2 will give necessary instructions to the S.H.O., Alappuzha South Police Station. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3731/11 3