IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH APRIL 2007 / 30TH CHAITHRA 1929 Crl.MC.No. 1241 of 2007 (C.C.No.349/04 in Crime No.5/04 on the files of the Judicial First Class Magistrate Court-I, Haripad) PETITIONER: A2 & A3 ----------------------------------- 1. SURESH, AGED 40 YEARS, S/O.NARAYANAN, SARADALAYATHIL VEETTIL, MUTHUKULAM THEKKUM MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. 2. SUJA SURESH, AGED 38 YEARS, W/O.SURESH, -DO- -DO- BY ADV. SRI.R.REJI RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KANAKAKUNNU. 2. THULASI, AGED 32 YEARS, W/O.PRABHA, THULASI BHAVANAM, PUTHIYAVILA MURI, KANDALLOOR VILLAGE, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI.K.L.LEKSHMI RANI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1241 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of April, 2007 ORDER The petitioners are accused No.2 and 3 in C.C.349/2004 on the file of the court of Judicial Magistrate First Class, Haripad. The case was posted for evidence on 20.3.2007. On that day, the petitioners were absent. Though an application was filed to excuse their absence on the ground that the second petitioner herein (3rd accused) was ill, the learned Magistrate was not inclined to adjourn the case, and non bailable warrant was issued against the petitioners. 2. Heard the learned counsel for the petitioners as well as the Public Prosecutor. 3. It is submitted by the learned counsel for the petitioners that the second petitioner is still undergoing treatment. In the facts and circumstances of the case, there will be a direction to the learned Magistrate to consider the application for bail which the petitioners may file on their surrender before the court. The learned Magistrate shall Crl.M.C.No.1241 OF 2007 :: 2 :: dispose of the application for bail on the same date on which it is filed. The learned Magistrate shall take note of the facts and circumstances and also the submission that the second petitioner is undergoing treatment. Criminal M.C. is disposed of as above. (K.T.SANKARAN) JUDGE jes