IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.MC.No. 2143 of 2009() ------------------------- AGAINST THE ORDER IN LP 48/2008 IN SC.178/2007 of ADDL. SESSIONS COURT (ADHOC) I, KOLLAM .................... PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ SANTHOSH, S/O. BABU, KALLUVILA VEEDU, CHIRAKKARATHAZHAM CHERRY, CHIRAKKARA VILLAGE, KOLLAM. BY ADVS. MR.SHABU SREEDHARAN, MR.N.A.JOHN JACOB. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PARAVOOR, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2143 of 2009 -------------------------- ORDER Petitioner is the second accused in S.T.No. 178/2007, now pending as L.P.No.48/2008 on the file of Additional Sessions Court, Kollam. As petitioner was absconding, bail granted to him was cancelled and M.C.No.56/2008 was registered against the sureties and a final order was passed under Section 446 of Code of Criminal Procedure imposing penalty. This petition is filed for a direction to Additional Sessions Judge to recall the warrant and to release the petitioner on bail on the date of his surrender with sureties and to quash the order passed in M.C.No.56/2008. 2. If petitioner is aggrieved against the order passed in M.C.No.56/2008, his remedy is to file an appeal as provided under Code of Criminal Procedure. Petitioner is not entitled to get the said appealable order quashed by invoking the power CRMC 2143/09 2 under Section 482 of Code of Criminal Procedure. Therefore, that relief cannot be granted. 3. When petitioner was absconding, learned Sessions Judge was justified in issuing non bailable warrant. It is for the petitioner to appear before the learned Sessions Judge and seek bail. When an absconding accused surrenders and files an application, Sessions Judge is expected to pass orders on the application without delay. I find no reason to believe that Sessions Judge is unaware of the provisions of law or the decisions of this Court or the Apex Court or that he will not act in accordance with law. Hence, no direction is warranted. Petition is dismissed. 2nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv