IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4367 of 2010() ------------------------------------- S.C.425/2006 OF ADDITIONAL SESSIONS COURT (AKBARI CASE), NEYYATTINKARA. .............. PETITIONER/4TH ACCUSED ---------------------------------------- BABURAJ, POTTAVILA VEEDU, BIHIND POLICE QUARTERS, NEYYATTINKARA VILLAGE, KADAVATTARAM DESOM, NEYYATTINKARA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSEUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM (CIRCLE INSPECTOR OF POLICE, PARASSALA). BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4367 OF 2010 =========================== Dated this the 1st day of November,2010 ORDER Petitioner is the fourth accused in S.C.425/2006 on the file of Additional Sessions Judge for Trial of Abkari Act Cases, Neyyattinkara. On 8.4.2010 learned Additional Sessions Judge cancelled the bail of the petitioner and issued summons to the prosecution witnesses after framing charge. Recording that on the morning when the case was taken petitioner was present but later it was seen that he is absent. This petition is filed under section 482 of Code of Criminal Procedure to quash the order issuing the non bailable warrant after cancelling the bail contending that petitioner was present on all the previous occasions and in such circumstances, order of the learned Sessions Judge is to be Crl.M.C.4367/2010 2 quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned counsel appearing for petitioner is that though petitioner was present in the court when the case was called on the morning of 8.10.2010, subsequently after lunch due to stomach pain he has to leave the court without even informing his counsel and his presence was not wilful and in such circumstances learned Sessions Judge be directed to frame the charge against the petitioner and proceed with the case and petitioner will appear before the court on all posting dates without fail. Petition is disposed directing the petitioner to appear before the learned Sessions Judge and file an application to recall the non bailable warrant and to permit him to continue on the same bond executed earlier, showing the reason for his absence when the charge was framed on 8.10.2010. Crl.M.C.4367/2010 3 If petitioner so appears and files an application, learned Sessions Judge to frame the charge against the petitioner and proceed with the case in accordance with law along with the other accused. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006