IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Crl.MC.No. 4154 of 2010() ------------------------ CC.816/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – VI, ERNAKULAM ................. PETITIONER / ACCUSED : ---------------------------------- HARRIS FERNANDEZ, S/O.VALENTINE FERNANDEZ, AGED 61 YEARS, MALIACKAL HOUSE, PAINIGALPARA, MULANTHURUTHY, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.JOSHI RESPONDENS / COMPLAINANT : -------------------------------------------- 1. CHACKO, S/O.CHACKO, AGED 62 YEARS, VELUTHAMKUNNEL HOUSE , ARAYANKAVU P.O., KULAYITTIKARA, AMBALLOOR VILLAGE, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MULANTHURUTHY POLICE STATION, MULANTHURUTHY, ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4154 of 2010 -------------------------- Dated this the 11th October, 2010 O R D E R Petitioner who is the accused in C.C No.816 of 2010 on the file of the Judicial First Class Magistrate Court-VI, Ernakulam filed this petition under Section 482 of the Code of Criminal Procedure to quash the order passed by the learned Magistrate in a petition filed under Section 205 of Code of Criminal Procedure. The case of the petitioner is that the case was originally pending before Judicial First Class Magistrate Court-I and he was released on bail. Subsequently the case was transferred to Judicial First Class Magistrate Court VI and he was unaware of the transfer and he did not get any summons from that court or intimation from the Judicial First Class Magistrate Court-I, Ernakulam regarding the transfer and as he did not appear, the learned Magistrate on the first posting day cancelled the bail and issued non-bailable warrant. 2. Learned counsel would submit that petitioner filed Annexure -I petition under Section 205 of Cr.P.C which was dismissed for the reason that petitioner did not Crl.M.C No.4154 of 2010 2 appear. 3. If the case was transferred from Judicial First Class Magistrate Court-I to Judicial First Class Magistrate Court VI, learned Magistrate is not justified in cancelling the bail if the facts as stated by the petitioner is true. If petitioner files a petition to recall the non-bailable warrant, I do not find that learned Magistrate will not recall the warrant. If the warrant is thus recalled, there is no necessity to execute a fresh bond. Petitioner is entitled to raise all the contentions before the learned Magistrate by filing a proper application to dispense his presence. If presence of the petitioner is to be dispensed with during trial petitioner has to personally file an application containing the relevant recitals. If such an application is filed by the petitioner, learned Magistrate to pass appropriate orders, in accordance with law. Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE ma