THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.5655 of 2009 ORDER: The petitioner is A-1 in Sessions Case No.372 of 2008 on the file of the III Additional Sessions Judge, Kurnool at Nandyal. He is facing trial in S.C.No.372 of 2008 for the offences under Sections 302 and 201 read with 34 IPC. Consequent upon his failure to appear before the trial Court, NBW came to be issued against him. The petitioner filed Crl.M.P.No.177 of 2009 for recalling NBW. The learned Sessions Judge dismissed the recall petition and remanded the accused to judicial custody pending trial. Heard learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. Learned counsel appearing for the petitioner submits that the petitioner could not be present on 30.6.2009 because of viral fever and therefore, he deserves to be admitted to bail pending trial. Learned Additional Public Prosecutor submits that the trial in the Sessions case came to be cancelled for one reason or the other and if the petitioner is admitted to bail, there is every likelihood of his not being present before the Court, which ultimately may lead to cancellation of the schedule. Initially, the petitioner was admitted to bail and he appeared before the trial Court. Consequent on his failure to appear before the trial Court on 30.6.2009, NBW came to be issued against him. Consequent on the dismissal of the application to recall NBW, he has been remanded to judicial custody. The trial in the sessions case is stated to be scheduled on 19.8.2009, in which case the petitioner is at liberty to move an application seeking bail after examination of the material witnesses, i.e., LWs 1 to 3 in the sessions case. With the above observation, the Criminal Petition is dismissed. _____________________________ B.SESHASAYANA REDDY, J 07th August 2009 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.5655 of 2009 DATED : 07-08-2009