IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Crl.MC.No. 2835 of 2009() ------------------------- CC.331/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): ------------------------- 1. RAJAN VARGHESE, S/O.VARGHESE, PAKKIL HOUSE, PANAKKAMATTATH, NATTAKAM VILLAGE, KOTTAYAM. 2. NIRMALA RAJAN, W/O.RAJAN VARGHESE, PAKKIL HOUSE, PANAKKAMATTATH, NATTAKAM VILLAGE, KOTTAYAM. BY ADV.MR.TOM K.THOMAS RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. B.JAYASOORYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2835 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.331/2008 on the file of Judicial First Class Magistrate's Court-III, Kottayam. As petitioners did not appear on the dates when the case was posted for recording the evidence, learned Magistrate issued non bailable warrant against them. This petition is filed to quash that order. 2.Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Submission of the learned counsel is that as first petitioner was suffering from viral fever, second petitioner had to be with him and therefore, they could not appear before the Magistrate and in such circumstances, the non bailable warrant should not have been issued and the order is to be quashed. CRMC 2835/09 2 4. The proceedings paper shows that except on 11.8.2009, petitioners were not appearing before the court from 16.2.2009 onwards. In such circumstances, I find no reason to quash the order as sought for. Petitioners also sought a direction to the Magistrate to consider the application for bail to be moved by them on the date of surrender. 5. When the accused surrender and file applications for bail, Magistrate is expected to pass orders on the applications without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence, no direction is warranted. Petition is disposed. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv