GOVINDA MENON, J. :- The petitioner was tried before the Sub Magistrate of Cannanore on a complaint preferred by P.W. 1, a process server of the Munsif court of Tellichery for offences punishable under Sections 225-B and 353 I.P.C. The learned Magistrate acquitted the accused of the offence under S. 353, but convicted him under S. 225B and sentenced him to pay a fine of Rs. 100/-.

2. The facts that led up to the case are as follows :

The father of P.W. 4 obtained a decree against the petitioner in O.S. 531/50 on the file of the munsiffs court of Tellichery. By assignment P.W. 4 got the right of the decree-holder and as the petitioner did not pay the decree amount he filed an execution application for the arrest and detention of the petitioner in the Civil Jail. The District Munsiff ordered notice and arrest warrant to be issued simultaneously. The warrant was signed by the Head Clerk under an authorisation by the District Munsiff. The warrant was then sent to P.W. 3, the. Central Nazir, who deputed P.W. 1 for service of notice and to arrest the judgment-debtor. On 2-8-60 P.W. 1 the process server accompanied by P.W. 4 set out in search of the petitioner. They met him in his