IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Crl.MC.No. 1744 of 2009 -------------------------------- (CRMP.1297/2009 IN SC.102/2008 of ADDL.SESSIONS COURT (ADHOC), KASARAGOD .................... PETITIONER(S): ACCUSED -------------------------------------- P.V.VINAYAN, AGED 31 YEARS, S/O. AMBUKUNHI, PATHIRAVALAPPIL, LAKSHMI NIVAS, MATHIL, ALAPADAMBU VILLAGE. BY ADV. MR.K.P.HARISH RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR.KAMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1744 of 2009 ================== Dated this the 29th day of May, 2009. O R D E R The petitioner is the absconding accused in S.C.No.102/2008 on the file of Additional Sessions Judge (Adhoc) I, Kasaragode. Offence alleged is under Sections 498A and 306 of Indian Penal Code. This petition is filed under Section 482 of the Code of Criminal Procedure for an order to recall the non-bailable warrant issued against petitioner and also to release petitioner on bail and also for an early disposal of the case on his appearance. 2. Learned Counsel appearing for the petitioner was heard. 3. Petitioner had filed Crl.M.P.No.1297/2009 before Sessions Court to advance the posting from 29-5-2009 on 11-5-2009. It was dismissed by the learned Sessions Judge by Annexure AI order dated 11-5-2009 on the ground that Crl.M.C.No.1744/2009 -2- petitioner did not surrender. Learned Counsel appearing for the petitioner submitted that petitioner is prepared to surrender before the Sessions Judge and on surrender he is to be released on bail. 3. If petitioner surrenders and moves an application for bail, Sessions Judge is expected to pass orders on the application without delay. Under such circumstances I did not find any reason to issue a direction as sought for. If the case is ripe for trial, learned Sessions Judge to dispose the case as expeditiously as possible. M.SASIDHARAN NAMBIAR JUDGE dkr