IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Crl.MC.No. 2959 of 2009 --------------------------------------- CC.328/2008 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER/2ND ACCUSED: T.E.THOMAS, S/O.EASO, AGED 74 YEARS, PYNUMOOTTIL HOUSE, ASHOKA ROAD, KALOOR, ERNAKULAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE STATION HOUSE OFFICER, GANDHINAGAR, KOTTAYAM. BY PP SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2959 of 2009 -------------------------- ORDER Petitioner is the second accused in C.C.No. 328/2008 on the file of Judicial First Class Magistrate's Court-I, Ettumanoor. After a non bailable warrant was issued, petitioner surrendered before the Magistrate on 30.3.2009 and was released on bail. When the case was posed to 31.7.2009, he was not present. It was posted to 3.8.2009. But, on that day also, petitioner was not present. The case was then posted as last chance for framing charge to 16.8.2009. As 16.8.2009 was a Sunday, the case was called on the next day, i.e. on 17.8.2009. As petitioner was absent on that day also, bail bond was cancelled and a non bailable warrant was issued to him. This petition is filed under Section 482 of Code of Criminal Procedure to quash the order cancelling the bail bond and issuing non bailable warrant. CRMC 2959/09 2 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that as 16.8.2009 was a holiday and the case was not posted on 17.8.2009, petitioner did not appear on that day. In such circumstances, learned Magistrate was not justified in cancelling the bail bond or issuing a non bailable warrant. 4. It is for the petitioner to file an application before the Magistrate to recall the non bailable warrant and to accept the same bail bond showing the reason for his absence on 17.8.2009. I do not find any reason to believe that Magistrate will not consider the application in the proper perspective. Petition is disposed. 10th September, 2009 (M.Sasidharan Nambiar, Judge) tkv