IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Crl.MC.No. 3800 of 2011() ------------------------------- CC.578/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THIRUVANANTHAPURAM .................... PETITIONER(S): 1ST ACCUSED: ------------------------------------- S.SUGATHAN, EDITOR, PRINTER AND PUBLISHER SAYAHANASABDAM EVENING DAILY, RAVI PRINTERS (P)LTD., PALLITHOTTAM, KOLLAM-6. BY ADVS. SRI.M.K.CHANDRA MOHANDAS SRI.R.NIKHIL RESPONDENT(S): STATE,COMPLAINANT & ACCUSED 2 & 3: -------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. PONNAYYAN @ PONNACHAN, S/O.SEBASTIAN ASSISTANT SUB INSPECTOR OF POLICE, KOLLAM DISTRICT POLICE CONTROL ROOM, KOLLAM-691 001. 3. UNNIKRISHNAN, HCQ3757, DISTRICT POLICE CONTROL ROOM, KOLLAM-691 001. 4. DINAMONY.D., UD CLERK, SPECIAL ARMED POLICE CAMP, OOLAMPARA, THIRUVANANTHAPURAM-695 001. R1 BY PUBLIC PROSECUTOR SRI. S. SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3800/2011 APPENDIX PETITIONER'S ANNEXURE: ANNEXURE I:COPY OF THE AFFIDAVIT OF THE ADVOCATE ANNEXURE II:COPY OF THE TYPED PRCEEDINGS DATED 05/11/2011 OF THE JUDICIAL FIRST CLASS MAGISTRTE COURT-II, THIRUVANANTHAPURAM IN C.C. NO.578/2008. RESPONDENT'S ANNEXURE: NIL TRUE COPY P.A. TO JUDGE svs N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3800 of 2011 ------------------------------------------ Dated this the 8th day of November, 2011 O R D E R The petitioner is the accused in CC.578/08 of JFCM -II, Trivandrum. The petitioner claims to be a senior citizen. It is stated that he is suffering from Vertibral Disk Prolapse. It is submitted by the learned counsel for the petitioner that he had appeared before the court when the case was posted for framing charge. But the charge was not framed as the other accused did not appear. It was not the fault of the petitioner, the learned counsel submits. It is further submitted that on prior occasions he was appearing regularly but on 05.11.11, he could not appear because there was Harthal/Motor workers' strike. The learned counsel submits that his counsel had in fact represented the accused but still non-bailable warrant was issued against him. The learned counsel submits that the petitioner will definitely surrender before the learned Magistrate within two weeks from today. The request for such a long time is made as the petitioner is stated to be having Vertibral Disk Crl.M.C. 3800 of 2011 2 Prolapse. When the accused surrenders before court, the learned Magistrate will certainly dispose of the bail application preferably on the same day taking note of the serious ailment he is stated to be suffering from. 2. Execution of the non-bailable warrant shall be kept in abeyance for a period of two weeks from today. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE. smvd