IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4799 of 2010() ------------------------------------ SC.116/2010 of ADDL. SESSIONS COURT FAST TRACK-I, MANJERI .................... APPLICANT/ACCUSED --------------------------------- KUNJUMON, AGED 49 YEARS, PUTHUVETTIL HOUSE, PURANGU, PONNANI. BY ADV. SRI.P.VENUGOPAL, SRI.M.REVIKRISHNAN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4799 of 2010 -------------------------- ORDER When S.C.No.116/2010 was posted for examination of the witnesses on 4.10.2010, a petition was filed for adjourning the case stating that petitioner, the accused, is suffering from cancer. Learned Sessions Judge issued stop memo to the witnesses and posted the case to 5.10.2010. On that day, learned Sessions Judge directed the petitioner to produce medical certificate by a doctor not below the rank of a civil surgeon. He did not produce any medical certificate. On the next posting day, as petitioner was absent and no certificate was produced, learned Sessions Judge issued non bailable warrant against the petitioner. This petition is filed under Section 482 of Code of Criminal procedure to quash that order contending that petitioner was actually suffering from Avid peptic disease from 2.9.2010 and 10.10.2010 and was advised to take rest and it was by mistake, counsel represented that petitioner was suffering from cancer. It is, therefore, submitted that the order issuing non CRMC 4799/10 2 bailable warrant is to be quashed. It is also submitted that petitioner has been on bail through out. 2. When the sessions case was posted for examination of the witnesses and adjournment was sought for on medical grounds and learned Sessions Judge was compelled to issue stop memo to the witnesses and directed the accused to produce medical certificate in support of the illness alleged and he did not produce the medical certificate and did not appear, issuance of non bailable warrant cannot be said to be illegal or unjustifiable. 3. If the case of the petitioner is that due to the illness he could not appear and non bailable warrant happened to be issued, it is up to the petitioner to approach the learned Sessions Judge to re-call the non bailable warrant showing sufficient reason. If such an application is filed, it is for the learned Sessions Judge to consider the same in accordance with law and pass appropriate order without delay. Petition is disposed. 8th December, 2010 (M.Sasidharan Nambiar, Judge) tkv