IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 5016 of 2010() ------------------------ CRIME NO. 167/2002 OF KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT ................. PETITIONER / ACCUSED: ------------------------------------ SEKHAR, S/O.CHELLAIYYA, NO.45, RPL QUARTERS, 2-J COLONY, ABHAYAGARI, KULATHUPUZHA, KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT / COMPLAINANT : ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.167/2002 OF KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT). BY PUBLIC PROSECUTOR SRI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.5016 of 2010 -------------------------- ORDER Petitioner, the accused in S.C.No.1389/2003 on the file of Additional Sessions (Abkari Cases) Court, Kottarakkara, did not appear before learned Additional Sessions Judge on 08.11.2010, though PW2 was present in court. Learned Additional Sessions Judge, therefore, directed the petitioner to deposit witness bata payable to PW2, before District Legal Services Authority, Kollam and issued non bailable warrant and posted the case to 01.12.2010. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said order contending that petitioner failed to appear on 08.11.2010 as his counsel, by mistake, has noted the date as 09.11.2010. 2. Learned counsel appearing for the petitioner was heard. CRMC 5016/10 2 3. Learned counsel submitted that petitioner was present on all the previous posting dates and his failure to appear on 08.11.2010 was not wilful, but only due to the mistake committed by the counsel in noting the date. If that be the case, remedy of the petitioner is to file a petition before learned Additional Sessions Judge to recall the non bailable warrant. If failure of the petitioner to appear is due to the mistake committed by his counsel, I do not believe that Additional Sessions Judge will not recall the warrant or will not allow the petitioner to continue on bail with the same sureties. Petition is disposed. 22nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv