IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3418 of 2008() ------------------------------------- (C.C.NO.1039/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KOCHI) PETITIONERS: DEFACTO COMPLAINANTS: --------------------------------------------------------------- 1. M.S.SAJEEV KUMAR, ADVOCATE, RESIDING AT HOUSE NO.IX/1293, PANDIKUDY, MATTANCHERY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. 2. LAKSHMI S.KUMAR, RESIDING AT HOUSE NO.IX/1293, PANDIKUDY, MATTANCHERY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3418 of 2008 ------------------------------------------------- Dated this the 5th day of September, 2008 ORDER The petitioners are C.Ws.1 and 2 in a prosecution for the offence of theft allegedly committed by the accused persons. On account of reasons beyond their control, the petitioners were not able to appear before the learned Magistrate on the date of posting of the case. They have received summons. They had appeared through counsel. Their application to excuse their absence was rejected by the learned Magistrate. Non-bailable warrants of arrest have been issued against them by the learned Magistrate. The case now stands posted to 8/9/08. 2. Chased by the warrants issued by the learned Magistrate, the petitioners have come to this Court with a prayer that they may be saved from the execution of the non- bailable warrants of arrest issued by the learned Magistrate. Crl.M.C. No.3418 of 2008 -: 2 :- They shall appear before the learned Magistrate on 8/9/08, it is submitted. 3. The learned counsel for the petitioners submits that the absence of the petitioners on the last date of posting was on account of reasons beyond their control. Their mother was laid up and was hospitalised. It was hence that they could not appear. 4. I am satisfied, in the facts and circumstances of this case, that a lenient view can be taken, the undertaking by the learned counsel for the petitioners that the petitioners shall appear before the learned Magistrate on 8/9/08 can be accepted and the execution of the non-bailable warrants of arrest issued against the petitioners by the learned Magistrate can be directed to be kept in abeyance till 8/9/08. 5. This Crl.M.C. is accordingly allowed. It is directed that the warrants of arrest issued against the petitioners by the learned Magistrate shall not be executed till 8/9/2008. 6. Hand over a copy of this order to the learned counsel for the petitioners. Sd/- (R. BASANT, JUDGE) Nan/ //true copy/ P.S. to Judge Crl.M.C. No.3418 of 2008 -: 3 :-