IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Crl.MC.No. 4209 of 2010() ------------------------------------ C.C.2863/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA. ................ PETITIONER/ACCUSED: ----------------------------------- ANWAR, S/O.HAMZA PUYHAN PARAMBIL VEEDU, NOCHIMA, ALUVA WEST VILLAGE. BY ADV. SRI.P.K.ABOOBACKER (EDAPPALLY) RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE ALUVA TRAFFIC UNIT, ALUVA. R1 & R2 BY PUBLIC PROSECUTOR SMT.C.M. CHARISMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4209 OF 2010 --------------------------------------------- Dated 15th October, 2010 O R D E R Petitioner, the accused in C.C.2863/2007 on the file of Judicial First Class Magistrate's Court-I, Aluva filed this petition under Section 482 of Code of Criminal Procedure to quash the order passed by learned Magistrate on 29/9/2010 cancelling his bail and issue of non bailable warrant. 2. Learned counsel appearing for the petitioner was heard. 3. Annexure-A1 proceeding paper of the learned Magistrate shows that petitioner was present on all previous occasions, whenever the case was posted. Even on 2/8/2010 when Pws.1 and 2 were Crmc 4209/10 2 examined, petitioner was present. The case was thereafter adjourned to 2/9/2010. He was present on that day also. But prosecution witnesses 1,2 and 5 to 9 did not appear. Learned Magistrate therefore issued non bailable warrant and posted the case to 29/9/2010. Proceeding sheet of 29/9/2010 shows “Accused absent. No representation. Bail bond cancelled. NBW to accused. Notice to sureties.” Proceeding paper does not show that Cws.1, 2 and 5 to 9 were present. Learned Magistrate has issued non bailable warrant as there was no representation for the petitioner. According to the petitioner, he was present but did not hear the case being called. Whatever be the correctness of the submission, I do not find that this Court has to quash the order as sought for. Crmc 4209/10 3 Petitioner is granted liberty to file an application before the learned Magistrate to re-call non bailable warrant issued on 29/9/2010 stating the true facts. Considering the fact that petitioner has been appearing before the Magistrate on earlier postings, learned Magistrate is directed to re-call the non bailable warrant, on filing of such an application. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.