IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 2167 of 2008() ------------------------- ST.1693/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER/3RD ACCUSED: ------------ M.V.J.FOOD INDIA PVT. LTD. REP. BY G. VIJAYA CHANDRA MENON H.B.NO. 7,PANAMPALLY NAGAR, KOCHI-30. BY ADV. SRI.SANTHOSH SUBRAMANIAN SRI.SHEJI P.ABRAHAM RESPONDENTS: ------------- 1. FOOD INSPECTOR, CORPORATION OF COCHIN MATTANCHERRY, COCHIN-2. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2167 of 2008 ---------------------------------------- Dated this the 9th day of June 2008 O R D E R The petitioner is the accused in a prosecution under the Prevention of Food Adulteration Act. The trial is over. The matter stands posted for defence evidence and arguments. The petitioner only wants to produce Annexure IV notification and claim that all the accused persons are entitled for acquittal as the offence alleged against them will not constitute any offence. But on the date when the case was posted for arguments, the accused could not appear and consequently warrant of arrest has been issued against the petitioner. According to the petitioner, his personal presence was not essential for hearing arguments. The case was called out of turn and therefore the petitioner and his counsel happened to be absent when the case was called. In any view of the matter, the petitioner is willing to appear before the learned Magistrate. His counsel is prepared to argue and complete the trial. The petitioners may not be vexed by arrest and detention in execution of the non-bailable warrant issued against them. Crl.M.C.No.2167/08 2 2. Having considered all the relevant inputs I am of the opinion that appropriate directions can be issued under Section 482 Cr.P.C in the interests of justice. The following directions are hence issued: i) This petition is allowed in part. ii) The petitioner shall appear before the learned Magistrate on the next date of posting. Coercive processes issued against the petitioner shall not be executed till that date. iii) If the petitioner appears before the learned Magistrate on the next date of posting, he shall be permitted to continue to be on bail on the strength of the same bond. His counsel shall be heard and the matter shall be disposed of on merits. 3. The matter having reached the stage of arguments, I am not persuaded to agree that the crucial contention raised can should or deserves to be considered in this proceedings under Section 482 Cr.P.C. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) Crl.M.C.No.2167/08 3 jsr Crl.M.C.No.2167/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007