IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 573 of 2008() ------------------------ CC.248/2003 of JUDL.MAGISTRATE OF FIRST CLASS, MANANTHAVADY .................... PETITIONER: ------------ M.K.GEORGE, S/O.KURIAKOSE, AGED 60 YEARS, MONIPPILLIL HOUSE, PAIMATTAM, KOTHAMANGALAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANANTHAVADY POLICE STATION, MANANTHAVADY. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 573 of 2008 ========================== Dated this the 13th day of February, 2008. O R D E R The petitioner, who is the accused in C.C. No. 248/2003 on the file of the Judicial First Class Magistrate, Mananthavady for offences punishable under Sections 406 and 420 IPC, remained absent during the stage of prosecution evidence. Thereupon, the learned Magistrate cancelled the bail and issued non- bailable warrants of arrest against the petitioner and notice to the sureties. Charge witnesses 1 to 3 who were present in court were bound over to the next day namely 07.02.2008 on which day also the petitioner was absent. 2. According to the petitioner, he had been hospitalised in the St. Joseph's Hospital, Kothamangalam and was discharged only on 04.02.2008 with an advice to take rest for one week. This, according to the petitioner, was the reason for his non-appearance before the court and he undertakes to appear before the trial court from the next posting of the case. Accordingly, the petitioner is permitted to surrender before the Magistrate and file an application for regular bail within two weeks from today. In case he complies with the above condition, he shall be released on bail on appropriate conditions which shall include the payment of batta to CWs 1 to 3 for two days. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv