IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 339 of 2010()
1. ASHARAF C.A., S/O. E.ABDUL KHADER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :02/02/2010
O R D E R
P.BHAVADASAN, J.
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Cr. MC No.339 of 2010
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Dated 2nd February 2010
Order
In this petition filed under S.482 of the Code of
Criminal Procedure, the petitioner prays for a direction to
the JFCM-IV, Kochi to recall the non-bailable warrant
issued against him and to consider the bail application to
be submitted by him on the same date of his surrender
before Court.
2. The petitioner is the accused in CC
No.171/08 on the file of the JFCM-IV, Kochi, for having
committed the offence punishable under S.138 of the
Negotiable Instruments Act. He says that he did not
receive the summons from Court and he had no idea of the
pendency of the case. He is employed at Bangalore and
only when the Police came in search of him, he came to
know that a non-bailable warrant has been issued against
him. The petitioner pointed out that there is no wilful laches
CRMC 339/10 2
on his part in appearing before the Court pursuant to the
non-bailable warrant issued against him and prays that the
warrant may be recalled.
3. The petition is disposed of with a direction that
the petitioner shall surrender before the Magistrate’s Court
on or before 10.02.2010 and if the petitioner files an
application for bail, the same shall be disposed of by the
concerned Court in accordance with law on the same date
of its filing. Till such time, the non-bailable warrant shall
be kept in abeyance.
P.BHAVADASAN, JUDGE
sta
CRMC 339/10 3