IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Crl.MC.No. 2115 of 2011() ------------------------- CC.564/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... (CRIME NO.269 OF 2007 OF CHALISSERY POLICE STATION,PALAKKAD DIST.) ...... PETITIONER(S): ACCUSED: ----------------------------------------- MOIDUNNI, AGED 68 YEARS, S/O.UNNIANKUTTY, KAKKANCHIRAKUNNU, ANCHUKUNNU P.O., PANAMARAM, MANANTHAVADI, WAYANAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, CHALISSERY-679 536, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2115/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF ORDER DTD. 24/06/2011 IN CRL.M.P.NO.1958 OF 2011 PASSED BY SESSIONS COURT, PALAKKAD. ANNEX.A2: COPY OF DISCHARGE CARD DTD.22/10/2008 ISSUED BY DISTRICT HOSPITAL, MANANTHAVADY. ANNEX.A3: COPY OF DISCHARGE CARD DTD. 3/2/2009 ISSUED BY DISTRICT HOSPITAL, MANANTHAVADY. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss B.P. RAY, J. ........................................... CRL.M.C.NO.2115 OF 2011 ............................................. Dated this the 13th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public prosecutor. 2. The petitioner is an accused in Crime No.269/2007 of Chalissery Police Station for the offences punishable under Sections 406, 498(A) and 324 IPC now pending in C.C.No.564/2010 on the file of the Judicial Magistrate of First Class, Pattambi. The petitioner was on bail during investigation stage. Due to non appearance in pursuance to the summons issued by the learned Magistrate, non bailable warrant has been issued. The learned counsel for the petitioner submits that the petitioner has not received any summons from court. 3. Considering the nature of the allegations and the fact that the petitioner was on bail, I direct that if the petitioner surrenders and applies for bail, he shall be released on bail on such terms and conditions the learned Magistrate deems fit. Till his appearance before court, non CRL.M.C.NO.2115 OF 2011 : 2 : bailable warrant issued against the petitioner shall not be executed. With the above observations, this Crl.M.C is disposed of. Sd/= B.P. RAY, JUDGE. /true copy/ P.S. to Judge cl