IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.MC.No. 4269 of 2010 --------------------------------- [SC.NO.497/2009 OF I ADDL. SESSIONS COURT, TRIVANDRUM] .................... PETITIONER/5TH ACCUSED: ----------------------------------------- JEAM KHAN.A, AGED 41 YEARS, S/O.ABDUL LATHEEF KHAN, GREEN VILLA, MANANAKKU,PERUMKULAM PO,ATTINGAL VIA,TRIVANDRUM. BY ADVS. SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH. RESPONDENT/STATE: --------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY GOVT. PLEADER SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4269 OF 2010 --------------------------------------------- Dated 21st October, 2010 O R D E R Petitioner, the fifth accused in S.C.497/2009 on the file of Additional Sessions Court-I, Thiruvananthapuram filed Crl.M.C.1997/2010 under Section 482 of Code of Criminal Procedure for discharge. By Annexure-III order, this Court permitted the petitioner to plead discharge in absentia through his counsel and directed the learned Sessions Judge not to insist for the personal appearance of the petitioner for disposal of the discharge petition. Case of the petitioner is that the discharge petition was heard and now stands posted for orders to 28/10/2010 and meanwhile, on 18/10/2010 non bailable warrant was issued as petitioner was absent and the Crmc 4269/10 2 application to condone absence was dismissed under Annexure-2 order. Petition is filed under Section 482 of Code of Criminal Procedure to quash the non bailable warrant. 2. Learned counsel appearing for the petitioner was heard. 3. This Court by Annexure-III order permitted the petitioner to seek an order of discharge in absentia and directed the learned Sessions Judge not to insist for the personal appearance of the petitioner for disposing the discharge petition. If no order is passed in the application for discharge filed by the petitioner, learned Sessions Judge should not have directed the petitioner to arrest and produce before the court by issuing non bailable warrant. In such circumstances, petition is Crmc 4269/10 3 disposed directing Additional Sessions Judge-I, Thiruvananthapuram not to execute the non bailable warrant against the petitioner till an order is passed in the application filed for discharge. If petitioner is discharged, there is no question of enforcing the non bailable warrant also. If the petition for discharge is dismissed petitioner shall appear before the learned Additional Sessions Judge. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.