IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 920 of 2010()
1. SAKKIR HUSAIN, S/O.HAMSAKUTTY,
... Petitioner
Vs
1. AJEEBA .M.SAHIB, EX-CHAIRPERSON,
... Respondent
2. SUPERINTENDENT OF POLICE,
3. THE STATE OF KERALA,
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/04/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.920 OF 2010
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Dated 8th April 2010
O R D E R
Petition is filed under Section
482 of Code of Criminal Procedure for a
direction to the second respondent, to
execute the non bailable warrant against
first respondent issued by Judicial First
Class Magistrate-I, Manjeri in C.C.832/2008
and Chief Judicial Magistrate,
Pathanamthitta in C.C.120/2008.
2. Learned Public Prosecutor
submitted that as the first respondent had
filed several applications under Section
438 of Code of Criminal Procedure before
this court and in some petitions there was
an order not to arrest him, first
respondent could not be arrested and all
Crmc 920/10
2
those petitions were now dismissed on 30/3/2010
and therefore, there is no impediment for
executing non bailable warrant.
3. Even if, there is an order by this
court in an application filed under Section 438
of Code of Criminal Procedure not to arrest the
accused, it can only apply in respect of that
case and not in respect of all other cases
against him. Therefore, it is not a valid
excuse for the non execution of non bailable
warrant in C.C.832/2008 and C.C.120/2008. But
in view of the submission that non bailable
warrant against first respondent would be
executed, the petition is closed recording the
submission.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.