IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Crl.MC.No. 3802 of 2011() ------------------------------- CC.30/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT , KOTHAMANGALAM .................... PETITIONER(S): ACCUSED ------------------------------- SHIJU, AGED 38 YEARS, S/O.AYYAPPAN, R/A.MUTTATHU HOUSE, RAKKADU KARA, VALAKAM VILLAGE BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S):STATE AND COMPLAINANT ---------------------------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, POTHANICAUD POLICE STATION, KOTHAMANGALAM, (INVESTIGATING OFFICER IN CRIME NO.348/08)REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALM COCHIN-682031 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3802/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF ORDER SHEET IN C.C. NO.30/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT KOTHAMANGALAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3802 OF 2011 ( ) ------------------------------------------ Dated this the 9th day of November, 2011 O R D E R The accused was absent on the day when the case was posted for evidence. The fact that PW1 and PW2 did not support prosecution, even if it is so, is no reason to say that CW3, who was to be examined as PW3, also should depose against the prosecution. The presence of the accused was a must when the witnesses were examined before the Court. On the day when he was to appear, the accused conveniently or deliberately kept back only to see that no evidence is given by the party with regard to the identity of the accused. The learned Magistrate had no other alternative, but to issue warrant against the accused. Now the learned counsel for the petitioner submits that the absence of the accused was not deliberate but only due to Jaundice. No certificate has been produced to prove that fact. Since the absence of Crl. M.C. No: 3802 OF 2011 ( ) 2 the accused has caused inconvenience to the Court, he has to be mulcted with costs. In the result, this petition is disposed of as mentioned above. If the accused surrenders before the learned Magistrate on 21.11.2011 and deposits an amount of Rs.2,500/- as cost and he undertakes that he will appear in Court on all the days posted for evidence, his petition for bail may be considered by the learned Magistrate sympathetically. N.K. BALAKRISHNAN, JUDGE jjj