IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Crl.MC.No. 832 of 2009() ------------------------ CC.2381/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S)/ACCUSED: --------------- DHIL RAVEENDRAN, AGED 32 YEARS RESIDING AT B4, ANJALI APARTMENTS MANIMALA ROAD, EDAPPALLY,KOCHI 24 (SLT INDIA, 35/35C, KUDIYIRICKAL BUILDING, N.H.ROAD, OPPOSITE TO FEDERAL BANK LTD PALARIVATTOM KOCHI-25.) BY ADVS. SRI.K.A.JALEEL SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S)/COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION CR.NO.24/2006 OF ERANAKULAM TOWN NORTH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 832 OF 2009 --------------------------------- Dated this the 2nd day of March, 2009 O R D E R This petition is filed with a prayer to quash Annexure -A 'A' diary proceedings. It is revealed that the court cancelled the bail bond, issued NBW to the accused and notice to the sureties and posted the case on 21.4.2009. A perusal would reveal that even Investigating Officer has brought to the court by issuance of NBW and when he was so brought, the counsel was not available to cross examine and that made the learned Magistrate to cancel the bail bond and issued NBW. An investigating officer is examined at the last stage of a case and when he is not cross examined, the case cannot be proceeded further. So I do not find any mistake committed by the learned Magistrate but at the same time the learned counsel would submit that on account of a case being taken up in the Sessions Court, he was forced to be present there and there was no deliberate intention on his part to evade presence from the court. Whatever it may be, in order to meet the ends of justice, we have to permit him to cross examine Crl.M.C.No. 832/2009 -2- the investigating officer. Therefore I direct the court below to consider the bail application filed by the accused on the same date when he surrenders and dispose of it and the solitary absence on the previous day shall not be taken as a ground to reject the bail and if the very same sureties are present on that day, he may be released on bail. Therefore further action against the sureties can also be dropped. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm