IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.MC.No. 599 of 2011() ------------------------ CC.1133/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S)/DEFACTO COMPLAINANT: --------------- SANTHOSH, S/O.T.P. KANNAN, THANNIKKAPARAMBIL HOUSE, LOKAMALLESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT BY ADV. SRI.P.K.ANIL RESPONDENT(S)/STATE: --------------- 1. SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.599 of 2011 -------------------------------------- Dated this the 8th day of March, 2011. ORDER Petitioner is the defacto complainant and CW1 in C.C.No.1133 of 2007 of the court of learned Judicial First Class Magistrate, Kodungallur for offences punishable under Sections 406, 468, 477A and 201 read with Section 34 of the Indian Penal Code. Case was registered on the strength of a complaint preferred by petitioner and others to the Deputy Superintendent of Police, Irinjalakkuda. Learned Magistrate framed charge against accused and posted the case for examination of the witnesses. Summons was served on petitioner but he could not appear in court on 06.01.2011 since according to the petitioner, he was laid up due to orthopedic problems. Counsel for petitioner requested for time for appearance in court. But learned Magistrate rejected that request and issued non-bailable warrant to the petitioner. Hence this petition. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned counsel submits that petitioner is ready to appear in the trial court within three weeks from this day. Learned counsel also said that petitioner is suffering from orthopedic problems. Having regard to the circumstances stated I am inclined to allow the request. Crl.MC No.599/2011 2 Resultantly this petition is disposed of permitting the petitioner to appear in the trial court on 28.03.2011 (on which date the case is posted for trial). Non- bailable warrant issued to the petitioner will stand in abeyance until 28.03.2011 and if on appearance on 28.03.2011, petitioner makes an application to the learned Magistrate to recall the warrant, learned Magistrate shall consider that application having regard to the facts and circumstances of the case and pass appropriate orders. THOMAS P.JOSEPH, Judge. cks