IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Crl.MC.No. 202 of 2010 --------------------------------- (C.C. NO.19/2007 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM, CRIME NO.171/2004 OF KOLLAM EAST POLICE STATION) .............. PETITIONER/2ND ACCUSED: ----------------------------------------- MADHAVAN @ GANESH,AGED 45 YEARS, S/O.THANNU PILLAI,THEKKATHIL VEEDU,VENGANOOR STREET,PALLICHAL VILLAGE,NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. MR.BLAZE K.JOSE. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM.THE DETECTIVE INSPECTOR,C.B.C.I.D,KOLLAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.202 OF 2010 ------------------------------------------ Dated 21st January 2010 O R D E R Petitioner the second accused failed to appear in C.C.19/2007 on the file of Chief Judicial Magistrate's court, Kollam on 11/11/2009. Petition was filed for exemption, which was dismissed by the learned Magistrate and by Annexure-2 order. A non bailable warrant was issued. Petition is filed under Section 482 of Code of Criminal Procedure to quash the order issuing non bailable warrant. 2. Learned counsel appearing for the petitioner was heard. 3. Annexure-2 order shows that case was pending from 2007 and accused was continuously absent and hence even the Crmc 202/10 2 charge could not be framed. It is in such circumstances, learned Magistrate dismissed the application to dispense with the presence of the petitioner on 11/11/2009 and issued non bailable warrant. I find no reason to interfere with Annexure-2 order. It is upto the petitioner to surrender before the learned Chief Judicial Magistrate and seek bail. I do not believe that if the petitioner surrenders and files an application for bail, Magistrate will not consider the application without delay. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.