IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Crl.MC.No. 3723 of 2009() ------------------------- CC.1001/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: --------------- VIJAYAN, AGED 46, S/O. RAMAN KUTTAPPAN, APPAKKAL HOUSE, KUTHUKUZHI KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SMT.AYSHA YOUSEFF SRI.V.K.SIDHIQUE SRI.SAJITHA SIDHIK RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ----------------------------- Crl.M.C No.3723 of 2009 ------------------------------ Dated this the 19th day of November, 2009. O R D E R The petitioner is the 4th accused in C.C.No.1001/2005 on the file of the Judicial First Class Magistrate Court I, Aluva, taken cognizance of the offences under Section 279 and 338 of the IPC. Petitioner has granted bail. Prosecution evidence was recorded and he was questioned under Section 313 of the Code of Criminal Procedure. 2. When the case was posted for defence evidence on 19.10.2009, neither the accused nor the counsel for the accused was present. The learned Magistrate therefore cancelled the bail bond and issued notice to the sureties and non bailable warrant to the petitioner. This petition is filed under Section 482 of the Code of Criminal Procedure to quash that order. 3. The learned counsel for the petitioner was heard. The submission of the learned counsel is that the counsel could not appear on 19.10.2009 and the accused also could not appear on that day and on all earlier occasions the accused was present and in such circumstances, learned Magistrate was not justified in issuing non bailable warrant or cancelling the bail. Crl.M.C No.3723 of 2009 : 2 : 4. Even if the submission of the petitioner is correct, it is up to the petitioner to approach the learned Magistrate by filing an application to re-call the warrant and an application for bail with a request to permit the same sureties to be treated as the sureties. If such a petition is filed, the Magistrate to consider the same and pass appropriate orders in accordance with law. This petition is disposed. Sd/- M.SASIDHARAN NAMBIAR, JUDGE //True Copy// PA to Judge ab