IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 OP(CRL.).NO. 1805 OF 2011(Q) -------------------------------------------- SC.255/2008 OF ASSISTANT (PRINCIPAL) SESSIONS COURT, PALAKKAD .................... PETITIONER: ------------------ P.K.FAIZAL, S/O.MOHAMMED, POLLAKKUNNAN HOUSE, THIRUVIZHAMKUNNU, MANNARKAD, PALAKKAD. BY ADV. SRI.M.C.JOHN RESPONDENT(S): COMPLAINANT ------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, PALAKKAD. PIN-678 001. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.1805 of 2011 ==================================== Dated this the 08th day of June, 2011 J U D G M E N T Petitioner is the second accused in S.C. No.255 of 2008 of the court of learned Assistant Sessions Judge, Palakkad for offences punishable under Sections 379, 411 and 413 read with Section 34 of the Indian Penal Code. Petitioner was absent before learned Assistant Sessions Judge on 14.03.2011 and hence he applied for exemption. That application was rejected and a non-bailable warrant was issued to the petitioner. Proceedings were initiated against sureties also. Petitioner challenges the order issuing warrant. I have heard learned counsel for petitioner and learned Public Prosecutor. Learned counsel submits that the case is posted on 14.06.2011. In the light of the allegations made I do not find reason to interfere with the order issuing non-bailable warrant. Having regard to the circumstances stated I am inclined to grant some time to the petitioner to appear before learned Assistant Sessions Judge and seek regular bail/recall warrant. Resultantly, Criminal Miscellaneous Case is disposed of in the O.P(Crl.) No.1805 of 2011 -: 2 :- following lines: (i) Petitioner is granted time till 15.06.2011 to appear before learned Assistant Sessions Judge, Palakkad and seek bail/recall warrant. (ii) Warrant of arrest issued to the petitioner will remain in abeyance till 15.06.201 or till petitioner appears before learned Assistant Sessions Judge and files application for bail/recall warrant, whichever is earlier. (iii) Application for bail/recall warrant if any preferred by the petitioner shall be disposed of as expeditiously as possible having regard to the facts of the case. THOMAS P. JOSEPH, JUDGE. vsv