IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Crl.MC.No. 2923 of 2008() ------------------------- OR.2/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER: ACCUSED ------------------- RAMALINGAM, S/O.RAMASWAMY, KATTAMOTTU VILLAGE, ERKKADU, SALEM DISTRICT, TAMIL NADU. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE FOREST RANGE OFFICER, KANTHALLUR FOREST STATION-THROUGH, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2923 of 2008 ------------------------------------------------- Dated this the 4th day of August, 2008 ORDER The petitioner, who faces allegations under the N.D.P.S. Act, was arrested. He was directed to be released on bail subject to conditions. Dissatisfied with the conditions, the petitioner came to this Court earlier. A lenient and indulgent view was taken and the conditions were modified/clarified. Thereafter, the petitioner, it is submitted, was unable to comply with the conditions. The matter was informed to the learned Special Judge who has now issued a warrant of arrest against the petitioner. Notice has been ordered to the sureties also. The petitioner has now come to this Court with a prayer that directions may be issued under Sec.482 Cr.P.C. to ensure that the learned Special Judge does not continue with the proceedings against the petitioner as he was obliged to be not Crl.M.C. No. 2923 of 2008 -: 2 :- present before the Investigating Officer on account reasons beyond his control. 2. It is for the petitioner to appear before the learned Special Judge and explain to the learned Special Judge the circumstances under which he could not comply with the conditions. The learned Special Judge must consider such reasons carefully and take appropriate decision. If the learned Special Judge is satisfied that there was sufficient justification for the absence of the petitioner, needless to say, a lenient and indulgent view shall be taken by the learned Special Judge. That discretion is to be exercised by the learned Special Judge. I do not want to issue any directions under Sec.482 Cr.P.C. at this stage. The petitioner shall appear before the learned Special Judge and advance his explanations. 3. The learned counsel for the petitioner submits that the petitioner can have no other sureties and if the learned Special Judge were not to accept the same sureties, it would cause prejudice, inconvenience and injustice against the petitioner. The petitioner must urge that plea also before the learned Special Judge, who, needless to say, must consider the same on Crl.M.C. No. 2923 of 2008 -: 3 :- merits and take appropriate decision. 4. With the above observations, this Crl.M.C. is dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge