IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Crl.MC.No. 3875 of 2008() ------------------------- CC.118/2008 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): 2ND ACCUSED -------------------------- C.S.JAMESKUTTY, S/O.XAVIER, CHALKADAVIL VEEDU, AARPOOKARA EAST P.O., KOTTAYAM. BY ADV. SRI.N.MAHESH RESPONDENT(S): COUNTER PETITIONER --------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3875 of 2008 ---------------------------------------- Dated this the 17th day of October 2008 O R D E R The petitioner faces indictment as the second accused in a prosecution for offences punishable under Sections 406 and 420 I.P.C. Altogether there are two accused. The petitioner had entered appearance and was enlarged on bail. The co-accused has not entered appearance so far. The case was being adjourned from time to time to secure the presence of the co- accused. The case stood posted to 4/7/2008 and on that day, the case was adjourned to 30/7/2008 as per the perception of the petitioner. But the court's records show that the case was posted to 09/07/2008. On that day, the case was called; the petitioner was not present; the learned Magistrate thereupon issued non-bailable warrant of arrest against the petitioner. Such process is chasing the petitioner now. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that it was totally unnecessary to issue a warrant of arrest against the petitioner. The matter stands posted for appearance of the co- Crl.M.C.No.3875/08 2 accused and the appearance or otherwise of the petitioner was not likely to have any impact on the further progress of the case. As appearance of the co-accused was awaited, the petitioner had no reason to think that the case would be adjourned from 4/7/2008 to 09/07/2008. In these circumstances, it is prayed that the orders passed by the learned Magistrate on 09/07/2008 may be set aside. The warrant issued against the petitioner may be directed to be withdrawn and the petitioner may be permitted to continue on bail on the strength of the bond which he already executed, prays the learned counsel for the petitioner. 3. I am satisfied that the said request is legitimate. The prayer of the petitioner deserves to be allowed. Appropriate directions deserve to be issued. 4. In the result, a) This Crl.M.C. is allowed. b) The coercive processes issued against the petitioner shall not be executed till 31/10/2008. On or before that date, the petitioner shall appear before the learned Magistrate and apply to excuse his absence on 09/07/2008. The learned Magistrate shall consider the same and take appropriate decision. If the Crl.M.C.No.3875/08 3 request is allowed, the petitioner shall be permitted to continue on bail on the strength of the bond which he has already executed. If that request is not allowed, the petitioner shall be granted time to execute a fresh bond and until then he shall not be remanded. (R.BASANT, JUDGE) jsr Crl.M.C.No.3875/08 4 Crl.M.C.No.3875/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008