IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.MC.No. 3499 of 2009() ------------------------------------ CRIME NO.174/2007 OF KANNUR TRAFFIC POLICE STATION. .................... PETITIONER/ACCUSED: --------------------------------- JITHIN PRAMOD, S/O.PRAMOD, THOTTADA, KANNUR DISTRICT. BY ADV. MR.M.SASINDRAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.174 OF 2007 OPF KANNUR TRAFFIC POLICE STATION). BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3499 OF 2009 ------------------------------------------ Dated 30th October 2009 O R D E R Petitioner is the accused in C.C.549/2007 on the file of Judicial First Class Magistrate-I, Kannur. On 21/10/2009 when the case was posted for evidence and prosecution witnesses were present for examination, petitioner was absent. Learned Magistrate therefore cancelled the bail bond and issued non bailable warrant to the petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to direct the Judicial First Class Magistrate to re-call order dated 21/10/2009. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel submitted that petitioner was present in court on all previous eight posting dates except on one day after January, 2009 and on 21/10/2009 petitioner could not travel from Bangalore to Kannur due to his illness and in such circumstances, he failed to appear and learned Magistrate should not have cancelled the bail and Crmc 3499/09 2 issued non bailable warrant. Learned counsel submitted that if the petitioner is to appear before the learned Magistrate as per practice in the court, he will be remanded for one day and petitioner has to appear for the professional competitive examination on 5/11/2009 onwards and therefore, a direction be issued to the learned Magistrate to re-call the warrant. 4. When a non bailable warrant is issued by the Magistrate cancelling the bail already granted, on the failure of the petitioner to appear, it is for the petitioner to file application before the Magistrate either to re-call the non bailable warrant issued showing sufficient reason for his absence on 21/10/2009 or to release him on bail. I do not believe that there will be a practice to remand all accused who surrenders when a non bailable warrant is issued or that the Magistrate would purposely remand the petitioner if he surrenders as submitted by the learned counsel. I do not believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance Crmc 3499/09 3 with law. In such circumstances, no direction is warranted as sought for. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.