IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 CRL.A.No. 143 of 2003() --------------------------------- ST.782/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... APPELLANT(S): ---------------------- PRAKASAN, S/O. NARAYANAN, AGED 37, KALAPURAKKAL HOUSE, METHALA, KOTTAPPURAM, METHALA VILLAGE, KODUNGALLOOR TALUK. BY ADV. MR.K.A.SHAMSUDEEN RESPONDENT(S): ------------------------- 1. V.J. JOJO, VALLIL HOUSE, VATTEKKADU, P.O. ELANTHIKKORA, PIN-683 512. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR R1 BY ADV. MR.P.K.SAJEEV, MR.N.J.PRINCE. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. --------------------------- CRL.A.NO.143 OF 2003 ------------------------------ Dated this the 10th day of June, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed in S.T.No.782/2001 of the JFCM, Kodungallur. It is the case of the complainant that an arrest warrant was issued against the accused and it was not being executed. On the unfortunate day though he was outside the court, he did not hear about the calling of his case and as his counsel was absent, the matter ended in acquittal. 2. Notice is given to the respondent/accused. Since the accused has entered appearance before this Court, I direct him to appear before the court below also on a particular date so as to have further proceedings in a smooth atmosphere. The reasons alleged are genuine and an opportunity can be given and therefore, the order of acquittal under Section 256(1) is set aside and the learned Magistrate is directed to restore the case and proceed in accordance with law after giving sufficient opportunities to both sides. I direct 2 CRL.A.NO.143/03 both the accused and the complainant to appear before the lower court on 14.7.2009. I hope that the accused again will not make the court to issue non-bailable warrant. The court also shall release the accused on bail when he enters appearance before the court. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.143/03 M.N. KRISHNAN, J. CRL.A.NO.143 OF 2003 JUDGMENT 10th day of June, 2009 4 CRL.A.NO.143/03