IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Crl.MC.No. 868 of 2009() ------------------------ SC.1172/2008 of ADDL. SESSIONS COURT (ADHOC), THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- FAISAL, S/O.SALEEM, PARUPANAKKAL HOUSE, KOORIKUZHI, KAIPAMANGALAM. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.868 OF 2009 =========================== Dated this the 29th day of May,2009 ORDER Petitioner is the accused in S.C.1172/2008 on the file of Sessions Court, Thrissur. When the case was posted for trial on 21.1.2009, petitioner filed Annexure A application to dispense with his presence on that day stating that he is not in India due to his employment abroad. Under Annexure B order, learned Sessions Judge dismissed the application and forfeited the bond. This petition is filed under section 482 of the Code of Criminal Procedure to quash that order. Learned counsel appearing for the petitioner submitted that learned Sessions Judge should not have forfeited the bond and should have granted an opportunity to the petitioner to appear in person when an application is filed. Crl.M.C.868/2009 2 2. Admittedly petitioner executed a bond before the learned Sessions Judge to appear. He did not seek permission of the court to leave India. Petitioner left India in violation of the conditions. In such circumstance, when it is brought to the notice of the court that he left India without the permission and did not appear and his application to dispense with his presence was dismissed, learned Sessions Judge was justified in forfeiting the bond. I find no reason to interfere with Annexure B order. In such circumstance, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006