IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Crl.MC.No. 3911 of 2011() ------------------------- SC.491/2009 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-1), PATHANAMTHITTA .................... PETITIONER(S): --------------------- SOMARAJAN @ UNNI S/O.RAMAKRISHNAN, MAMPALATHU VEEDU MUTHOOR, KUTTAPUZHA VILLAGE, THIRUVALLA. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3911 of 2011 ------------------------------------------ Dated this the 17th day of November, 2011 O R D E R The petitioner was one of the accused in sessions case, SC. 367/03. The other three accused have faced trial and they were acquitted by the learned trial Judge. This petitioner was absconding. So his case was split-up and re-numbered as SC.491/2009. Subsequently he appeared before the court. But on 18/10/2011 to which date the case stood posted for hearing, the petitioner was absent. His counsel was also absent, but he had instructed his colleague to represent him in court. But unfortunately the counsel who was entrusted to make representation also could not be present before court. Hence according to the learned counsel non-bailable warrant was issued against the petitioner and his bail was also cancelled. The learned counsel for the petitioner submits that now the petitioner is ready to surrender before court within 10 days from today. 2. Since the case stands posted to 21/11/2011, the accused will surrender before court and apply for bail with Crl.M.C. 3911 of 2011 -: 2 :- fresh sureties. The petitioner should undertake the court below that he will be duly represented and will be present in court as and when directed so as to have an expeditious disposal of the case. If such submission is made and if the petitioner applies for bail, the learned Sessions Judge will consider that application and dispose of the same as expeditiously as possible. N.K. BALAKRISHNAN, JUDGE smvd