HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6152 of 2009 ORDER: Heard Sri Rama Mohan Palanki, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, for the sole respondent. The petitioner is the sole accused in C.C.No.392 of 2005 on the file of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District. He is facing prosecution in respect of an offence punishable under the relevant provisions of the A.P.Prohibition Act, 1995, on the allegation that he was found mixing the jaggery wash meant for distillation of illicit liquor. The petitioner filed petition in Crl.M.P.No.2527 of 2009 for re-call of non-bailable warrant issued against him on 26.05.2008 in the part heard case stating that due to HIV with which he is suffering and due to his lying in a critical state at the relevant time, he was absent before the Court, for which, a non- bailable warrant was issued and he stated that though he is not fit for carrying on his ordinary pursuits without help of others, he may be permitted to attend the Court on the next date of hearing. The trial Court dismissed the said application on 03.08.2009 with a brief order stating its disinclination to recall the warrant as there were no merits and it is unintelligible from the order as to on what basis, the Court found the critical illness, with which the petitioner was suffering at the relevant time, to be not a sufficient ground to condone his absence. The petitioner has filed copies of the laboratory reports and medical certificates concerning his sickness along with this criminal petition and he is also relying on an order of this Court passed in similar circumstances in Crl.P.No.4793 of 2008 dated 05.08.2008. What all he seeks herein is an opportunity to appear before the trial Court and direct the trial Court to recall the compulsive process, which request appears to be reasonable under the circumstances, for which purpose, the inherent jurisdiction of this Court can be invoked in the interest of justice. Therefore, the petitioner shall appear in person before the Additional Judicial First Class Magistrate, Narsapur, West Godavari District, in C.C.No.392 of 2005 on his file within 15 days from the date of this order and on such appearance before the said Court, the trial Court may consider his case by obtaining appropriate personal bond with or without sureties for such amount as the trial Court deems fit and reasonable under the circumstances of the case to ensure the appearance of the petitioner before the Court till the conclusion of the criminal proceedings and subject to the same, the non-bailable warrant issued against the petitioner in C.C.No.392 of 2005 shall be kept in abeyance till such appearance before the trial Court and such non-bailable warrant shall be recalled on such appearance and execution of bonds by the petitioner as directed by the trial Court. The criminal petition is ordered accordingly. ______________________ G.BHAVANI PRASAD, J 12th August, 2009 SUR