IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1410 of 2009() ------------------------- CC.582/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER/2ND ACCUSED: ---------------------- JAMES K.JOSEPH, AGED 60, S/O.LATE M.E.JOSEPH,(FORMER)EDITOR, PRINTER&PUBLISHER,RASHTRA DEEPIKA EVENING DAILY, RASHTRA DEEPIKA LIMITED,P.B.NO.7, KOTTAYAM-686001, (RESIDING AT SILVER OAK,PTP NAGAR, THIRUVANANTHAPURAM-38). BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1410 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petition is filed under Section 482 of the Cr.P.C. Petitioner is the 2nd accused in C.C.No.582/05 on the file of the Judicial First Class Magistrate Court-II, Thrissur. A non bailable warrant issued by the court, after cancellation of his bail, is pending since he failed to appear for his questioning under Section 313 of the Cr.P.C.. Previously he had been granted exemption from appearance by the court. He was not aware of the posting date of questioning and he could not appear before the court, is the submission of the petitioner to seek withdrawal of the warrant and consideration of his bail application on the date of his appearance/surrender before the court. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. Having regard to the CRL.M.C.1410/09 2 submissions made and also taking note of the facts and circumstances presented, the learned Judicial First Class Magistrate Court-II, Thrissur, is directed to consider the bail application, if any, moved by the petitioner preferably on the date of his surrender itself, provided, he surrenders before that court within ten days from the date of this order. Criminal M.C. is disposed of. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009