IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.MC.No. 4127 of 2011() ------------------------------------- S.T.C.NO. 1/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD (LPC.NO. 120/2011) ----------------------- PETITIONER(S): ACCUSED ----------------------------------------- C.A.MOHAMMED,M/S.BLUE MARINE BOTTLING COMPANY,SHIPS MANZIL,CHEERI ,R.D.MAGAR P.O, KASARGOD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): STATE AND DEFACTO COMPLAINANT ----------------------------------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE INSPECTOR OF FACTORIES AND BOILDERS GR.11,TALIPARAMBA ,PIN- 670 141. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.4127/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE MEDICAL RECORDS. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sst N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4127 of 2011 ---------------------------------------------------- Dated this the 2nd day of December, 2011 Order The petitioner is the sole accused in S.T.Case No.1 of 2009 which was transferred to LPC, and is pending as L.P.Case No.120 of 2011 on the file of C.J.M.Court, Kasaragod. The learned counsel for the petitioner submits that the petitioner had appeared before the court and he in fact appeared till 23.3.2011. It is submitted by the learned counsel that C.W.1 was no more and summons was issued to C.W.2. According to the petitioner, his absence was not wilful but only because of serious ailments. The petitioner has produced medical records to show his serious ailments, namely, diabetic anyotrophy. The learned counsel submits that since the offence alleged against him is under the provisions of the Factories Act, his physical presence may not be actually necessary. The learned counsel submits that the petitioner will surrender before the learned Magistrate within two weeks from today and that he will produce all medical records to show why he could not appear before the court on earlier Crl.M.C.4127/2011 2 occasions. The learned Magistrate will dispose of the bail application as expeditiously as possible taking note of the circumstances mentioned above. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4127/2011 3