IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Crl.MC.No. 2108 of 2010() ------------------------- CRA.226/2010 of SESSIONS COURT, KOLLAM CC.201/2006 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER: --------------- REMANI,AGED 42 YEARS,W/O.SIVANKUTTY, REMANIKA,PALLICKALMURI,PALLICKAL VILLAGE,ADOOR, PATHANAMTHITTA. BY ADV. SRI.SIVAN MADATHIL RESPONDENT: --------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2108 of 2010 -------------------------------------- Dated this the 16th day of June, 2010 ORDER Petitioner who is the 4th accused in C.C.No.201/2006 on the file of the Chief Judicial Magistrate Court, Kollam for offences punishable under Sections 120B & 420 I.P.C. was convicted by the Magistrate on 9/6/2010. There were altogether 11 accused in the above case. Since the petitioner was absent before the Magistrate on 9/6/2010, eventhough he was convicted, sentence against him was not pronounced presumably for the reason he was not available to be questioned on the question of sentence. An application is said to have been filed as C.M.P.No.4655/2010 by the petitioner to excuse his absence on that day stating that his son was going to undergo a major surgery in the Christian Medical College Hospital, Vellore and was also for the reason that the petitioner was also hospitalised. The petitioner alleges that the said petition was not favourably considered by the Magistrate who has cancelled the petitioner's bail and has issued non-bailable warrants of arrest against him and notice to his sureties. Petitioner has not obtained certified copy of Crl.M.C.No.2108/2010 : 2 : the order C.M.P.No.4655/2010 eventhough he claims to have applied for the same for the purpose of filing an appeal under Section 449 of Code of Criminal Procedure. The prayer of the petitioner in this M.C. is to quash the order dated 9/6/2010 in C.M.P.No.4655/2010 and to permit the petitioner to surrender before the Magistrate after the surgery of his son. On a consideration of the material records produced by the petitioner I am inclined to keep the arrest warrants against the petitioner at bay for a period of 45 days. This Criminal M.C. is accordingly disposed of directing the Chief Judicial Magistrate, Kollam to issue a certified copy of the order dated 9/6/2010 in C.M.P.No.4655/2010 expeditiously, in case an application for the same has already been made. Warrants if any pending against the petitioner shall not be executed for a period of 45 days from today before which period the petitioner may file an appeal against that order and seek to obtain appropriate interim orders in the appeal. The petitioner is permitted to surrender before the Magistrate after 45 days and apply for regular bail on fresh sureties. V.RAMKUMAR, JUDGE skj