IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Crl.MC.No. 1332 of 2011 ---------------------------------- [CMP.NO.1488/2011 IN CC.NO.57/2009 OF THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI] .................... PETITIONERS/ACCUSED NOS.1 & 3: ---------------------------------------------------- 1. ABDUL JALEEL, S/O HAMSA, MANJEERICADAN HOUSE, PAYYANADU P.O., MALAPPURAM DISTRICT. 2. FATHIMA, C/O LALI HAMSA, MANJEERICADAN HOUSE, PAYYANADU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.T.THOMAS (KANNAMPALLIL). RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, COCHIN-31. BY PUBLIC PROSECUTOR SRI. B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S.GOPINATHAN, J. ``````````````````````````````````````````````````````` Crl. M.C. No. 1332 of 2011 ``````````````````````````````````````````````````````` Dated this the 3rd day of May, 2011 O R D E R The petitioners are accused Nos.1 and 3 in C.C.No.57/2009 before the Chief Judicial Magistrate Court, Manjeri, facing trial for offence under Section 498A of the Indian Penal Code. It is submitted that, accused Nos.2 and 3 are husband and wife and the first accused is the son of accused Nos.2 and 3 and that, the second accused met with an accident in which he died. Though the petitioners applied for exemption from personal appearance on the next posting date, alleging the casuality, the learned Magistrate dismissed their application for exemption from personal appearance and coercive steps were issued. Seeking an order to recall the warrant in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure, this petition was filed. Crl.M.C. No.1332/2011 : 2 : 2. Having heard either side, I find that it would be just and appropriate to dispose of the petition with liberty to the petitioners to move for fresh bail. In the above circumstances, the result is that, the petition is disposed of, with liberty to the petitioners to move for fresh bail. Their application for bail shall be considered by the learned Magistrate on the posting date itself and pass orders untrammeled by the observations in the order dismissing their application for exemption from personal appearance. Sd/- (P.S.GOPINATHAN, JUDGE) aks/03.05 // True Copy // P.A. To Judge