IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928 Crl.MC.No. 4129 of 2006() ------------------------- CC.193/2005 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... PETITIONER/ACCUSED: ------------------------- PIOUS THOMAS, CHOVATTUKUNNEL, MOONILAVU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI SRI.JOSEPH T.JOHN RESPONDENTS/COMPLAINANT: ---------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JUSTIN SEBASTIAN, MANDAPATHIL HOUSE, NADAKKAL P.O., ERATTUPETTA, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ------------------------------------------ Crl.M.C.NO.4129 OF 2006 ----------------------------------------- Dated this the 29 th day of December, 2006. O R D E R The petitioner here in is an accused in C.C.193/2005, before the Judicial First Class Magistrate, Erattupetta. The matter was posted for questioning. It is submitted that on the ground of ailments he could not attend the court and the petition for grant of exemption and adjournment, was dismissed by the court and the bail was cancelled and a non bailable warrant has been issued. It is submitted that he has undergone a treatment under Dr. N.S.Joseph, Assistant Professor of Medical College. From the circumstances it appears that there was no deliberate attempt on the part of the accused to evade his presence before the court. Therefore the Crl.M.C. is disposed of with a direction to the petitioner to appear and surrender before the concerned Magistrate and the Magistrate is directed to take note of the circumstances above mentioned by this court while considering the grant of bail to the accused and then proceed with the case in accordance with law. M.N.KRISHNAN JUDGE. bkn