IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3637 of 2011() ------------------------------------ SC.NO. 309/2011 of ADDL.DISTRICT & SESSIONS COURT(ADHOC)III, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ---------------------------------------- SATHEENDRAN.N.K., AGED 45 YEARS, S/O.KUNJACHAN, NEELAMKERIL, KIZHAKKUMBHAGOM P.O, NIRANAM, THIRUVALLA TALUK, PATHANAMTHITTA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): COMPLAINANT --------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3637 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order The petitioner is the accused in S.C.No.309 of 2011 on the file of Additional District and Sessions Court (Adhoc), Fast Track No.III, Pathanamthitta. The charge against the accused is stated to be under Section 8(1) and (2) of the Abkari Act. The learned counsel submits that on 2.9.2011 he was represented by this Advocate and an application was filed to execuse his absence. The case was thereafter adjourned to 22.9.2011. According to the learned counsel, on that date the petitioner and his counsel could not appear before the court as the clerk of the Advocate had mistakenly noted the date of posting of the case as 24.9.2011 instead of 22.9.2011. Since there was no representation on 22.9.2011, non-bailable warrant was stated to have been issued against the accused. The case now stands posted to 25.10.2011. Learned counsel for the petitioner submits that only because of the mistake committed by the clerk of the Advocate, the accused did not not appear before the court on Crl.M.C.3637/11 2 22.9.2011. On the previous posting date also he was only represented through counsel. In other words, he did not appear in person. The learned counsel submits that the petitioner is ready to surrender before the trial court. Since non-bailable warrant is pending against the accused, the petitioner has to surrender before that court, namely, the Additional District and Sessions Court (Adhoc), Fast Track Court-III, Pathanamthitta and apply for regular bail. The accused can convince the learned trial judge that his absence on 22.9.2011 was only because of the mistake committed by the clerk of the Advocate. His application for bail will be considered and disposed of by the learned Sessions Judge on the same day. But it is made clear that this court has not made any observation as to how it should be passed. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3637/11 3 Crl.M.C.3637/11 4