IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 CRL.MC.NO. 1883 OF 2011() --------------------------------------- CP.153/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER(S): PETITIONER/IST ACCUSED -------------------------------------------------------------- BABU THOMAS, CHARUVILPADINJATTETHIL, KUNNIDAMKUZHY, NARANGANAM VILLAGE, CHERUKOL, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY BY PUBLIC PROSECUTOR SHRI JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- ANNEXURE 1 TRUE COPY OF THE FINAL REPORT DATED 15.9.2005 IN CRIME NO.355 OF 2005 OF THE ARANMULA POLICE STATION. ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 3.6.2011 IN CRL. M.C. NO.1448 OF 2011 BEFORE THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1883 of 2011 ==================================== Dated this the 23rd day of June, 2011 O R D E R Petitioner is the first accused in C.P. No.153 of 2011 of the court of learned Judicial First Class Magistrate, Pathanamthitta for offences punishable under Sections 302, 324 and 323 read with Section 34 of the Indian Penal Code. Petitioner was enlarged on bail. While so, on an investigation said to be conducted by the Deputy Superintendent of Police pursuant to a complaint lodged by petitioner's father it was (allegedly) revealed that petitioner is not involved in the incident. Petitioner was under the impression that the case against him was closed. Hence he did not appear before learned Magistrate. Learned Magistrate cancelled the bail and issued non-bailable warrant to the petitioner. Hence this petition requesting to issue a direction to the learned Magistrate to release petitioner on bail on his appearance. I have heard learned Public Prosecutor who took notice for the respondents. 2. Though petitioner and another accused had filed Crl. M.C. No.1448 of 2011 in this Court with request to order a further investigation, that request was disallowed by this Court by order dated June 03, 2011. Having regard to the circumstances stated I am CRL.M.C. No.1883 of 2011 -: 2 :- inclined to grant some time to the petitioner to appear before the appropriate court and seek regular bail/recall of warrant. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines. (i) Petitioner is granted a month's time from this day to appear before the appropriate court and seek bail/recall of warrant. (ii) Non-bailable warrant issued to the petitioner will stand in abeyance for a period of one month from this day or till petitioner appears before the appropriate court, whichever is earlier. (iii) If petitioner prefers any application for bail/recall of want, the court before which such application is filed shall dispose of the same as early as possible. THOMAS P. JOSEPH, JUDGE. vsv