IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.MC.No. 120 of 2010() ------------------------ AGAINST THE ORDER DATED 06/01/2010 IN CMP.6267/2009 IN CC.2731/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED NOS 1 & 2: --------------------------------------------------------- 1. SIMON K.FRANCIS, S/O.K.L.FRANCIS, KUTTIKKADAN HOUSE, THOTTATHIL LANE, TRISSUR-5. 2. JOSE K.FRANCIS, S/O.K.L.FRANCIS, KUTTIKKADAN HOUSE, THOTTATHIL LANE, TRISSUR-5. BY ADVS. MR.M.T.SURESHKUMAR, MR.V.V.RAJA. RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. FRANCIS KALLIYATH, S/O.KALLIYATHUVEETTIL JACOB KALLIYATH, MISSION QUARTERS, TRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.120 OF 2010 ------------------------------------------ Dated 13th January 2010 O R D E R Petitioners are the accused in C.C.2731/2009 on the file of Judicial First Class Magistrate-I, Thrissur. Without personally appearing before the learned Magistrate, they filed C.M.P.6267/2009 under Section 205 of Code of Criminal Procedure for exemption from personal appearance. By Annexure-A3 order, learned Magistrate dismissed the petition on the ground that they did not appear and seek bail. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order. 2. Learned counsel appearing for the petitioners and learned Public Crmc 120/10 2 Prosecutor were heard. 3. Offence alleged against petitioners are under Sections 341, 323 and 324 read with Section 34 of Indian Penal Code. Petitioners did not appear personally and applied for bail. It is for that sole reason, the Magistrate dismissed the petition. It is upto the petitioners to surrender before the learned Magistrate and apply for bail. If petitioners surrender and are released on bail, learned Magistrate will grant exemption under Section 205 sought for, if the conditions therein are complied with. Learned counsel then submitted that as a non bailable warrant is pending, it is likely that petitioners will be remanded to custody if they surrender. I do not believe that when offences alleged are under Sections 323, 324 and 341 of Indian Penal Code, Crmc 120/10 3 learned Magistrate will grant bail to the petitioners on their appearance or it will be delayed or that the Magistrate is unaware of the provisions of law or the decisions of this court or that he will not act in accordance with law. In such circumstances, petition is disposed directing petitioners to surrender and apply for bail. Petitioners are also permitted to file a petition under Section 205 of Code of Criminal Procedure on their surrender. If it is filed Magistrate is to consider the same and pass appropriate orders in accordance with law and Annexure-A3 order will not stand in the way. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.