IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3633 of 2011() ------------------------- CC.698/2007 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT, AMBALAPPUZHA .................... PETITIONER(S):ACCUSED NO.1: ------------------------------------------------- BRIJITH KUMAR,GED 40 YEARS, S/O.K.N.BABU,KNB QUALITY ASSURANCE EXECUTIVE QUALITY CONTROL DEPARTMENT,PIDILITE INDUSTRIES LTD., RAMAKRISHNA MANDIR ROAD,SIR MATHURDAS VARANJI ROAD, ANDHERI EAST,MUMBAI 400 054,MAHARASHTRA. BY ADVS. SRI.C.S.MANU, SRI.S.K.PREMRAJ. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE SUB-INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION,AMBALAPUZHA 688 561 (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM). BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3633/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE FINAL REPORT IN CRIME NO.114 OF 2007 OF AMBALAPPUZHA POLICE STATION FILED BY THE S.I. OF POLICE, AMABALAPPUZHA POLICE STATION BEFORE THE JFCM'S COURT, AMBALAPPUZHA. ANNEX.A2: COPY OF THE ORDER DTD. 1/08/2011 INCC.NO.698 OF 2007 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, AMABALAPPUZHA CANCELLING BAIL BOND OF THE PETITIONER. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3633 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order The petitioner is the first accused in CC No.698 of 2007 on the file of JFCM Court, Ambalappuzha. He is facing trial for the offences punishable under Sections 323 and 498A read with 34 IPC. The learned counsel for the petitioner submits that 8 witnesses in that case were already examined. The accused had fully co-operated with the trial. On 1.8.2011, the learned Magistrate noted that A2 and A3 were absent. Application was filed to condone their absence. For A1, there was no representation and hence the bail bond was forfeited and notice was ordered to the sureties. It was stated that the case was not kept aside for examination of the witness. C.W.9 was present for examination on that date. Because of the absence of A1 and as he was not represented that witness had to be sent back. The learned counsel submits that the counsel appearing for A1 could not reach the court in time. But before he reached the court, the warrant has already been issued. Considering all the aspects, the Crl.M.C.3633/11 2 following directions are issued: The accused will surrender before the learned Magistrate on 5.11.2011 and will deposit a sum of Rs.500/- as cost (payable as the witness bata) on the same day. If bail application is filed by the petitioner, it will be sympathetically considered and disposed of by the learned Magistrate on the same day itself. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3633/11 3