IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.MC.No. 3328 of 2009 --------------------------------------- CC.121/2000 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONERS/ACCUSED 1 TO 4: 1. A.K.PURUSHAN, ARENDATHARA HOUSE, NAYARAMBALAM.P.O. 2. K.P.VIJAYAKUMAR, SECRETARY, NAYARAMBALAM SERVICE CO-OP. BANK LTD., NAYARAMBALAM. 3. NAYARAMBALAM SERVICE CO-OP.BANK LTD,. NAYARAMBALAM, REP. BY ITS SECRETARY. 4. M.V.SARALA, W/O.M.A.KUMARAN, M/S.SAJEEV STORES, TOBACCO & STATIONARY MERCHANTS, EDAVANAKKAD. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS/COMPLAINANT & STATE: 1. THE FOOD INSPECTOR, KOCHI CIRCLE, KOCHI. 2. STATE OF KERALA, REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3328 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.121/2000 on the file of Judicial First Class Magistrate's Court-I, Kochi. After recording the evidence and hearing the prosecution and the defence, the case was posted for judgment to 29.9.2009. On that day, petitioners were absent and an application was filed on their behalf. Hence, the case was adjourned to the next day. On the next day also, petitioners were absent. Learned Magistrate, therefore, cancelled the bail and issued non bailable warrant. This petition is filed under Section 482 of Code of Criminal Procedure to quash the order cancelling the bail and issuing non bailable warrant. 2. Learned counsel appearing for the petitioners was heard. 3. Learned counsel submitted that unless the order is quashed, learned Magistrate will insist for fresh sureties and execution of fresh bond and in such CRMC 3328/09 2 circumstances, necessary directions may be issued. 4. From Annexure-A3 order sheet, it is clear that the case could not be disposed on 29.9.2009 for the failure of the petitioners to appear. As, on the next day also, petitioners did not appear, learned Magistrate issued non bailable warrant after cancelling the bail. It is up to the petitioners to appear before the learned Magistrate and file an application to condone their absence on 30.9.2009 and to treat the earlier bail bond as existing by recalling the non bailable warrant or for permission to execute fresh bail bond with the same sureties. I find no reason to believe that if petitioners surrender, learned Magistrate will not permit them to appear through the same sureties. If it is a case where there is no evidence, learned Magistrate can only acquit them and in that case, there is no necessity for any further proceedings. Petition is disposed. 15th October, 2009 (M.Sasidharan Nambiar, Judge) tkv