IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Crl.MC.No. 3179 of 2006() ------------------------- CC.379/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V(SPECIAL COURT OF MARKLIST CASES), TRIVANDRUM .................... PETITIONER: ACCUSED -------------------------- RAJAYYAN, AGED 50, S/O. NESAYYAN, RESIDING AT 2/732 (B), PERINJOTTUKONOTHU, KURISSUMUTTOM MURIYIL, VILAVOORKKAL VILLAGE. BY ADV. SRI.VAZHUTHACAUD R.NARENDRAN NAIR SRI.R.T.PRADEEP RESPONDENTS: COMPLAINANT ----------------------------------- THE STATE OF KERALA, REP. BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.3179 of 2006 ========================== Dated this the 24th day of January, 2008. ORDER The petitioner, who is the sole accused in crime No. 401/2003 of Medical College Police Station for offences punishable under Sections 225(B), 279 and 353 IPC and now pending before the Judicial First Class Magistrate-V, Thiruvananthapuram as C.C. No. 379/2004, seeks to recall the non bailable warrants issued against him consequent on the failure on the part of the petitioner to produce the autorickshaw in question which was the subject matter of the offence. 2. The autorickshaw was given on interim custody to the petitioner presumably on his executing a bond for some amounts specified. The details of the bond, if any, executed by the petitioner are not discernible to this Court at this stage of the proceedings. According to the learned counsel appearing for the petitioner, the production of the autorickshaw before the court was not at all necessary and it was only on the petition filed by the Public Prosecutor in charge of the case that the court below insisted the petitioner to produce the autorickshaw which he appears to be sold after taking the vehicle on interim custody and after executing a bond undertaking to forfeit to the Government the specified sum of money in the event of Crl. M.C. No. 3179/2006 : 2 : his failure to produce the autorickshaw in question. It is needless to mention that the consequence of failure to produce the autorickshaw will have to follow. The question as to whether the autorickshaw should inevitably be produced before the court or not is not at all relevant. Hence, I am not inclined to accede to the petitioner's prayer for a direction to the Magistrate to consider whether the production of the autorickshaw before the court is inevitable or not. This Crl. M.C is disposed of directing the petitioner to produce the autorickshaw in question before the Magistrate within three weeks from today failing which he shall suffer the consequence of non-production. The non bailable warrant, if any, pending against the petitioner shall be kept in abeyance for a period of three weeks. V. RAMKUMAR, JUDGE. rv Crl. M.C. No. 3179/2006 : 3 :