IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4868 of 2010() ------------------------------------ CC.163/2006 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED: --------------------------------------- JAISON.B., S/O.DAMODARAN, VILLEDUTHIL HOUSE, PERAMANGALAM, THRISSUR. BY ADVS. SRI. P.HARIDAS SMT.SIKKY RAVISHANKAR RESPONDENT(S): STATE & COMPLAINANT: ---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M. SASIDHARAN NAMBIAR, J ----------------------------------------------- Criminal M.C. No. 4868 of 2010 ------------------------------------------------ Dated this the 13th day of December, 2010 ORDER According to the petitioner he was present in Court on the morning of 24.11.2010 when the case was posted. The case was called and kept to record the evidence after lunch. Meanwhile, petitioner suffered unbearable pain on the stomach due to diarrhea and therefore he was not able to appear before the Court after lunch. An application was filed for condoning his absence, on behalf of the petitioner. It was dismissed and a non bailable warrant was issued in C.C. No.163/2006 by Chief Judicial Magistrate, Thrissur. This petition is filed under Section 482 of the Code of Criminal Procedure to direct the Magistrate to recall the non bailable warrant and to enlarge him on bail. 2. If petitioner was present in Court on 24.11.2010, when the case was called in the morning and because of stomach pain, due to diarrhea, he could not be present when the case was called after lunch, is at liberty to file an Criminal M.C. No. 4868 of 2010 2 application to recall the non bailable warrant. If petitioner files an application showing the cause for absence learned Magistrate would recall the warrant. Petitioner is at liberty to move the learned Magistrate to recall the non bailable warrant showing the reason. The Magistrate should pass appropriate orders in accordance with law. If such a petition is filed Magistrate shall not execute the non bailable warrant till it is disposed. M. SASIDHARAN NAMBIAR, JUDGE. rkc //True Copy// PA to Judge.