IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Crl.MC.No. 604 of 2010() ----------------------------------- CC.13/2007, CC.113/2007 AND CC.777/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/ACCUSED --------------------------------- P.C. PREMACHANDRAN, AGED 46 YEARS, S/O.LATE SANKARAN, PUTHIYAPURAYIL HOUSE P.O.PARAL,THALASSERY. BY ADV. MR.V.V.ASOKAN, MR.P.P.RAMACHANDRAN. RESPONDENTS/DFACTO COMPLAINANT ------------------------------------------------------------ 1. STATE OF KERALA, (SHO, PAYYANNUR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.V. BABU SURESH, AGED 28 YEARS, S/O.CHERIYAMBU, MADAKKAL, P.O.UDUMBUMTHALA, KASARAGODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.604 OF 2010 ------------------------------------------ Dated 22nd February 2010 O R D E R Petitioner is the accused in C.C.13/2007, 113/2007 and 777/2007 on the file of Judicial First Class Magistrate, Payyannur. Case of the petitioner is that he had filed Annexure-D petition under Section 219 of Code of Criminal Procedure for a joint trial of all the cases and so far no order is passed and on 30/12/2009 the case was adjourned to 8/1/2010 and petitioner and his counsel left the court but thereafter C.C.113/2007 was called and as there was no representation and petitioner was absent, bail bond was cancelled and non bailable warrant is issued. Petition is filed under Section 482 Crmc 604/10 2 of Code of Criminal Procedure for a direction to the Magistrate to pass orders in Annexure- D petition and also for permission to continue the same bail bond. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-D petition is seen prepared only on 30/12/2009. Even according to the petitioner it was filed on the day when C.C.13/2007 and 113/2007 were called and petitioner and his counsel left the court hall and as a result when that case was called there was no representation and his bail bond was cancelled. If facts are as stated by the petitioner, it is upto him to file a proper application before the learned Magistrate to re-call the non bailable Crmc 604/10 3 warrant issued and for permitting him to continue on bail on the same bond. If petitioner was present in court when C.C.13/2007 was filed when the counsel on his behalf filed Annexure-D application on the same day, I do not believe that Magistrate will not re-call the warrant if an application is filed. Hence no direction is warranted. As Annexure-D petition is pending before the Judicial First Class Magistrate, Payyannur learned Magistrate is directed to pass appropriate order in Annexure-D petition expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 604/10 4