IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 4810 of 2010() ------------------------- CC.1328/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKKARA .................... PETITIONER(S): --------------- SHAJU,AGED 34 YEARS,S/O.ABDUL AZEEZ, UNAYIBA MANZIL,MUSLIM STREET,JILPADINJATTIYIL, KOTTARAKKARA,KOLLAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,REP.S.I.OF POLICE, KOTTARAKKARA. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4810 of 2010 -------------------------------------- Dated this the 11th day of February, 2011. ORDER Petitioner is accused in C.C.No.1328 of 2007 of the court of learned Judicial First Class Magistrate-I, Kottarakkara for offences punishable under Sections 188, 143, and 147 read with Section 149 of the Indian Penal Code. One of the other accused involved in the case is tried and acquitted. Since petitioner was not available, case against him was refiled as C.C.No.1328 of 2007. Petitioner took bail and the trial proceeded. On 17.09.2010 it happened, as the learned counsel submits, as petitioner was contesting an election he could not appear in court. Counsel for petitioner failed to make representation when the case was called. Thereon learned Magistrate cancelled the bail and issued non-bailable warrant to the petitioner by Annexure-II, order which is under challenge. Learned counsel submitted that non-appearance of petitioner in the court on 17.09.2010 was not willful but on account of his engagement in election work and the counsel by an inadvertent mistake failed to make a representation. 2. I do not find reason to interfere with Annexure-II, order. But it is open to the petitioner to request learned Magistrate to grant bail and there are sufficient provisions in the Code of Criminal Procedure enabling petitioner to do Crl.MC No.4810/2010 2 so. Having regard to the circumstances stated by learned counsel, I am inclined to grant some relief to the petitioner while making it clear that it is for the petitioner to approach the learned Magistrate and seek regular bail. Resultantly this petition is disposed of directing that the non-bailable warrant issued to petitioner will stand in abeyance for a period of two weeks from the date notified for delivery of a copy of this order or till petitioner surrenders before the learned Magistrate whichever is earlier. It is open to the petitioner to move appropriate application before the learned Magistrate for bail and if any such application is preferred learned Magistrate shall pass appropriate orders on such application as early as possible having regard to the facts and circumstances of the case. THOMAS P.JOSEPH, Judge. cks