IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.MC.No. 1838 of 2011() ---------------------- CC.84/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR ................... PETITIONER / ACCUSED : ------------------------------------- MR.YOUSUF ABDUL GANI, AGED 66 YEARS, M/S. SAURASHTRA ROADWAYS, BANGALORE, HAVING ITS REGISTERED HEAD OFFICE AT HAJI BACHOOALI ROAD, DONGRI, MUMBAI 400 009. BY ADV. SRI.FEBIN J. VELUKARAN RESPONDENTS / COMPLAINANT / STATE : ------------------------------------------------------------- 1. E.K.SREEJITH,S/O.E.R.KESAVAN NAMBOODIRI, 559, IRAVIMANGALATH, ANNAMANADA GRAMAPANCHAYATH PO., THRISSUR 680 641. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,COCHIN-31. R2 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1838 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A-1 : COPY OF THE COMPLAINT PREFERRED BY THE RESPONDENT AND PRESENTLY NUMBERED AS C.C. 84/2010 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT. ANNEXURE A-2 : COPY OF MEDICAL CERTIFICATE TO THIS EFFECT AND THE COPY OF THE VISA AND PASSPORT ENDORSING THE TRAVEL TO LONDON, ENGLAND. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1838 of 2011 -------------------------------------- Dated this the 20th day of June, 2011. ORDER Public Prosecutor takes notice for second respondent. 2. Petitioner is accused in C.C.No.84 of 2010 of the court of learned Chief Judicial Magistrate, Thrissur (for short, “the CJM”) for offences punishable under Sections 499 and 500 of the Indian Penal Code, on a complaint preferred by the second respondent. Petitioner appeared before learned CJM through counsel on 13.12.2010 and filed an application for permanent exemption under Section 205 of the Code of Criminal Procedure (for short, “the Code”). While that application was pending, on 19.05.2011 learned CJM issued non-bailable warrant to the petitioner since he was absent. Hence this petition. 3. Learned counsel submitted that petitioner is staying at Mumbai, is suffering from various illness and is unable to appear before learned CJM every now and then. It is also submitted that in connection with treatment petitioner has gone abroad on 05.05.2011, is expected to come back on 04.06.2011 and the case is posted on 23.06.2011. Having heard learned counsel I am inclined to keep the non-bailable warrant issued against petitioner in abeyance since application under Section 205 of the Code filed by him is yet to be disposed of. Crl.MC No.1838/2011 2 This Criminal Miscellaneous Case is disposed of directing that non- bailable warrant issued against petitioner will stand in abeyance until learned Chief Judicial Magistrate, Thrissur disposed of the application for permanent exemption filed by petitioner under Section 205 of the Code. THOMAS P.JOSEPH, Judge. cks