IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, 12TH FEBRUARY 2009/2/3RD MAGHA 1930 Crl.MC.No. 1276 of 2006 ------------------------- S.T. NO. 497/20005 (EARLIER S.T. 393/05) OF THE ADDL.CHIEF JUDICIAL MAGISTRATE COURT(ECONOMIC OFFENCES) ERNAKULAM,. PETITIONER(S): ACCUSED NO.1 ----------------------------- P.N.BALARAM, `NIRMALYAM', EZHUTHACHAN COLONY, THRISSUR - 680 020. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: COMPLAINANT ---------------------------- 1. THE ASSISTANT REGISTRAR OF COMPANIES, KERALA, COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA P.O., KAKKANAD, COCHIN-682 021. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. NAZAR BY ADDL.C.G.S.C. MR. AJITH KRISHNAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M..NO. 2138/2006 IN CRL.M.C.1276/2006 DISMISSED. 12-2-2009 SD/-M.C. HARI RANI, JUDGE TRUE COPY P.S.TO JUDGE M.C. HARI RANI, J. ====================== CRL.M.C.NO. 1276 of 2006 ======================= Dated this the 12th day of February 2009 ORDER Heard the learned counsel appearing for the petitioner and also the learned Public Prosecutor. 2. It is submitted by the learned counsel for the petitioner that he is only insisting the prayer in this petition to direct the court below to withdraw the non-bailable warrant issued against the petitioner herein, who is the first accused in S.T.No.497/2005 pending on the file of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam, which was ordered by the learned Magistrate for the reason that the petitioner could not appear before that court on 6-2-2006 since he was laid up. Considering the fact that the petitioner was represented by counsel and filed a petition to excuse his absence, the prayer made by the petitioner's counsel can be allowed to meet the CRMC. 1276/2006 -2- ends of justice. Hence, this petition is allowed to the effect that the non-bailable warrant issued against the petitioner on 6-2-2006 by the learned Magistrate is quashed. The petitioner is allowed to appear through counsel before that court. The learned Magistrate is directed to proceed with the case in accordance with law and the petitioner can also plead guilty as was done by the accused in the same case as prayed for by the learned counsel. The Crl.M.C.is disposed of accordingly. Sd/- M.C. HARI RANI JUDGE ks.