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2020 Supreme(Online)(KER) 10152

IN THE HIGH COURT OF KERALA AT ERNAKULAM
R. NARAYANA PISHARADI, J
M.D. Baby – Appellant
Versus
Station House Officer – Respondent


Advocates appeared:
For the Petitioner: Sri. Sheji P.Abraham, Adv.
For the Respondent: Sri C K Prasad-PP

JUDGMENT

The writ petitioner is the complainant in the case L.P No. 96/2017 on the file of the Court of the Chief Judicial Magistrate, Palakkad.

2. The petitioner has filed the complaint in the aforesaid case against the accused by name Shafeek for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

3. The accused in the case was arrested and produced before the trial court and he was released on bail. Subsequently, he made default in appearing before the trial court and he absconded. After complying with the necessary formalities, the trial court entered the case in the register of long pending cases and numbered the case as L.P No. 96/2017.

4. The grievance of the petitioner, shorn of unnecessary details, is that, though the accused in the case is absconding, the respondents have not taken effective steps to apprehend the accused. It is stated that inspite of non-bailable warrants issued against the accused by the trial court several times, the accused is not arrested and produced before the trial court. It is the plea of the petitioner that the respondents are duty bound to take all effective measures for apprehending the accused, including issuing of

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