IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Crl.MC.No. 3741 of 2011() ------------------------- SC.174/2001 of SESSIONS COURT, KOZHIKOE .................... PETITIONER(S)/ACCUSED :- ----------------------------------------- AZEEZ POOSARINTAVIDA, AGED 46 YEARS, S/O.MUHAMMED, KANDOTH HOUSE, MOORIYAD, KUTHUPARAMBA P.O., KANNUR DISTRICT. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SMT.P.VANDANA SRI.PHIJO PRADEESH PHILIP RESPONDENT(S)/COMPLAINANT AND STATE :- -------------------------------------------------------------------- 1. STATION HOUSE OFFICER, KOZHIKODE TOWN POLICE STATION – 673 001. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. PUBLIC PROSECUTOR SRI.S.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 3741 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure No.1:- Copy of seizure mahazar before the Sub Inspector of Police, Kozhikode. Annexure No.2:- Copy of the invitation letter on 13-11-2011. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3741 of 2011 ----------------------------------- Dated this the 8th day of November 2011 O R D E R Petitioner is the sole accused in Crime No.70/2001 of Kozhikode Town Police Station which was pending before the Sessions Court, Kozhikode as S.C.No.174/2001. He was charged for the offence punishable under Sec.21 of NDPS Act. It was alleged that he was found in possession of brown sugar. He was stated to have been subsequently released on bail in 2001. After filing of the charge sheet he did not appear before the Sessions Court. After complying with the procedure prescribed, the case was transferred to the register of Long Pending Cases. It is now pending as L.P.No.1/2002. It is stated that he went abroad and evaded the process of law for the last 9 years. The learned Public Prosecutor rightly submits that it cannot be believed that the accused did not come to India during this long period of 9 years. Learned counsel for the petitioner submits that the Crl.M.C. No.3741 of 2011 -: 2 :- petitioner's daughter's marriage is scheduled to be had on 13.11.2011. It is further submitted that the petitioner is intending to come back to his native place to attend the marriage of his daughter, but in view of the warrant pending against him he will not be in a position to attend the marriage and so mercy may be shown to the accused. 2. This request is strongly resisted by the learned Public Prosecutor. It is submitted that the petitioner has been evading the process of the court for the last 9 years. Hence, he is not entitled to any sort of leniency. The plea that the petitioner shall not be arrested as he has to attend the marriage also cannot be countenanced. Considering all the aspects, this Crl.M.C. is disposed of in the following lines :- When the accused is arrested pursuant to the NBW issued against him and is produced before the Magistrate, the Magistrate will allow the petitioner to attend the marriage of his daughter on 13.11.2011 and thereafter, the petitioner shall be produced before the learned Magistrate. If the petitioner was arrested earlier then also he shall be allowed to attend the marriage of his Crl.M.C. No.3741 of 2011 -: 3 :- daughter. But it is made clear that no direction is issued by this Court that the petitioner should be granted bail. N.K.BALAKRISHNAN, JUDGE. Jvt