IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 65 of 2011() ----------------------- SC.72/2009 of ADDITIONAL SESSIONS JUDGE (ADHOC)-II, KASARAGOD. CRIME NO.239/2007 OF MANJESHWAR POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- SAJITH SHETTY, AGED 29 YEARS, S/O.POOVAPPA, "SOUGANDHIKA", SANTHOSH NAGAR, VAMANJUR, MANJESHWAR, MANGALORE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZARI FOR R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.65 of 2011 -------------------------------------- Dated this the 11th day of January, 2011. ORDER Petitioner is accused in Crime No.239 of 2007 of Manjeshwar Policestation for offence punishable under Section 8(2) of the Abkari Act. Police after investigation submitted final report against petitioner. Learned Magistrate initiated proceedings as C.P. No.182 of 2008. In the meantime petitioner was granted bail and according to the petitioner on account of getting employment he had to go abroad. Case was committed to the court of learned Additional Sessions Judge (Adhoc)-II, Kasaragod where it was taken on file as SC No.72 of 2009. On account of absence of petitioner on a particular day his bail bond was cancelled and non-bailable warrant was issued to him. Sureties have remitted the penalty imposed on them. Petitioner contends that no case is made out against him and prays that Annexure-II, final report and the proceedings in S.C.No.72 of 2009 may be quashed. Alternatively, learned counsel contends that direction may be issued to the learned Additional Sessions Judge to release petitioner on bail as provided under proviso to Section 446A of the Code of Criminal Procedure (for short, “the Code”) and in the meantime, non-bailable warrant issued to petitioner may be kept in abeyance. Crl.M.C.No.65/2011 2 2. So far as the reliefs prayed for in this petition and referred first above is concerned, having regard to the circumstances brought out against petitioner I am not persuaded to think that this is a fit case for this Court to interfere and quash the proceedings under Section 482 of the Code. However, it would appear from the submission of learned counsel that petitioner failed to appear in the court of learned Additional Sessions Judge once and thereon bail was cancelled. Learned counsel submits that it was because petitioner had gone abroad and there was no willful laches or failure on the part of petitioner. I am inclined to consider the said submission. It is not as if once bail is cancelled, petitioner is not entitled to get bail thereafter. As provided under the proviso to Section 446A of the Code petitioner is entitled to seek bail in the manner stated therein. Having regard to the circumstances I am inclined to permit petitioner to seek bail from the court of learned Additional Sessions Judge as stated above. Warrant of arrest issued to petitioner will stand in abeyance for a period of fifteen days from this day. Resultantly this petition is disposed of permitting petitioner to move fresh application for bail before the learned Additional Sessions Judge under Section 446A, proviso of the Code. If any such application is preferred, learned Additional Sessions Judge shall consider the application having regard to the Crl.M.C.No.65/2011 3 circumstances stated above and also taking into account the fact that petitioner was released on bail. Non-bailable warrant issued to the petitioner will stand in abeyance for a period of fifteen days from this day. Crl.M.A.No.152 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks