IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Crl.MC.No. 4222 of 2009 ------------------------- SC.750/2007 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA IN CRIME No.746/05 OF VATAKARA POLICE STATION. .................... PETITIONER/ACCUSED: ------------------------- PRAKASAN,S/O.APPU, CHEERAL,WYNAD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANTS: ----------------------------------- 1. SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. C.M. KAMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 4222 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2009 O R D E R Petitioner is the accused in SC No.746/05 on the file of the Additional District and Sessions Judge, Vadakara, Special Court for the trial of NDPS Act. He was charged under Section 55(a) of the Abkari Act. The trial was scheduled to be held on 08.12.09 and 09.12.09. On 08.12.09, petitioner was absent and therefore the Trial Court cancelled his bail and issued non bailable warrant. Petitioner surrendered before the Trial Court on 15.12.09 and filed CMP No.855/09 for releasing him on bail. It was dismissed by the Trial Court by the impugned order. 2. The petitioner has averred in this petition that he missed to note the date of trial and that therefore was unable to appear before the Trial Court and that he may be released on bail. 3. Having heard the submissions made by the counsel for the petitioner and the learned Public Prosecutor and taking into account the fact that the petitioner was on bail till 15.12.09, I feel that in the interest of justice, the petition can be allowed. Crl.M.C. No.4222 of 2009 -:2:- In the result, the petition is allowed. The Trial Court is directed to release the petitioner on bail on executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Lower Court. He shall appear before the Trial Court on all hearing dates without fail. If he fails to appear before the Trial Court on any of the hearing dates, Trial Court is at liberty to cancel his bail. P.Q. BARKATH ALI, JUDGE ttb