THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.7861 OF 2010 Between : Thotapalli Krishna and another ...PETITIONERS A N D The State of A.P. …RESPONDENT HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7861 OF 2010. ORDER: This is a petition filed under Section 482 Cr.P.C. aggrieved by the order passed in Crl.M.P.Nos. 3177 and 3178 of 2010 in C.C.No. 1245 of 2007 dated 11.6.2010 by the learned I Additional Chief Metropolitan Magistrate, Vijayawada, 2. The petitioners herein filed an application under Section 317 Cr.P.C. before the Court below seeking to condone their absence. The said application was filed when the case is posted for trial. The learned Magistrate dismissed the said application and also cancelled the bail granted to the petitioners. 3. The learned Counsel for the petitioners submitted that issuance of warrant and cancellation of bail to the petitioners is illegal, arbitrary and without following the procedure envisaged under the provisions of Cr.P.C. 4. This Court is of the view that for securing the attendance of the accused, warrants can be issued. However, the learned Magistrate has no power to cancel the bail order without issuance of prior notice to the accused concerned. In view of the same, the order of the Court below cancelling the bail granted to the petitioners is set aside. 5. As far as the order for issuance of NBWs is concerned, the petitioners’ counsel submitted that they are ready and willing to attend/face the trial continuously before the Court below. Considering the same, the order of the Court below directing issuance of NBWs is set aside and the petitioners are directed to appear before the Court below on 23.8.2010 the date on which case is posted and the petitioners are further directed to attend the Court below until conclusion of the trial. 6. Subject to the above direction, the Criminal Petition is disposed of. _________________________ JUSTICE RAJA ELANGO AUGUST 18, 2010. YVL