IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1711 of 2010() ------------------------- ST.115/2009 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: ACCUSED ----------- F. EUGINE FERNANDEZ, T.C. 27/1505, DAISY GARDEN, CONVENT ROAD, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM BY ADV. SRI.D.KISHORE RESPONDENT(S): ------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. O.M. JOHN, MINI BELL, T.C. 15/182, KAIMANAM, THIRUVANANTHAPURAM PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1711 of 2010 * * * * * * * * * * * * * * * * * * Dated, this the 19th day of May, 2010 ORDER The petitioner who is the accused in S.T. Case No. 115 of 2009 on the file of the Chief Judicial Magistrate, Thiruvananthapuram, challenges Annexure II order dated 20-5-2010 as per which the learned Magistrate dismissed the petition filed by the petitioner to excuse his absence and issued non-bailable warrant of arrest. The case stands posted for recording the plea of the accused. In the light of the decision in Jain Babu v. Joseph – 2008 (4) KLT 16 the court below was not justified in insisting on the personal appearance of the accused for recording the plea of the accused. Having regard to the facts and circumstances of the case, I am not inclined to issue notice to the 2nd respondent/complainant. Annexure II order is set aside and the learned Magistrate shall proceed in accordance with law, particularly in the light of the decision referred to above. The warrants, if any, pending against the petitioner shall stand re-called. Dated this the 19th day of May, 2010. V. RAMKUMAR, (JUDGE) ani.