IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 CRL.MC.NO. 921 OF 2011() --------------------------------------- SC.346/2008 OF ADDITIONAL SESSIONS COURT (FAST TRACK NO.1), MANJERI. .................... PETITIONER(S): 2ND ACCUSED ----------------------------------------------- KAVUNGAL ABDULLA, S/O.KUNHIPOCKAR, POTTAMMAL HOUSE, PUKAYOOR, POTTANI, THIROORANGADI. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, THIRURANGADI POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682031. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.921 of 2011 ==================================== Dated this the 23rd day of March, 2011 O R D E R Petitioner is the second accused in S.C. No.346 of 2008 of the court of learned Additional Sessions Judge (Fast Track No.1), Manjeri. Prayer is to recall the non-bailable warrant issued to him for non-appearance in court in that case. On the day of his absence there was an application for exemption which was rejected by the learned Additional Sessions Judge and NBW was issued. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Petitioner is also a prosecution witness in S.C. No.250 of 2008 pending in the same court. Since according to the petitioner all the accused were not charge sheeted by the police he filed C.M.P. No. No.3329 of 2008 before learned Judicial First Class Magistrate, Parappanangady against those accused. Inquiry in that case is pending. While so, petitioner approached this Court in Crl.M.C. No.1906 of 2009 to postpone trial of S.C. Nos.346 and 250 of 2008 until disposal of C.M.P. No.3329 of 2008. This Court as per Annexure-A, order dated June 26, 2009 directed learned CRL.M.C. No.921 of 2011 -: 2 :- Additional Sessions Judge to postpone trial of S.C. Nos.346 and 250 of 2008 till learned Judicial First Class Magistrate, Parapparangady disposed of C.M.P. No.3329 of 2008. Learned counsel submitted that it is in the above circumstances that petitioner happened to be not personally present before the learned Additional Sessions Judge in S.C. No.346 of 2008 and his counsel filed application for exemption. 3. It is true that there is no stay of proceeding in S.C. Nos.346 and 250 of 2008. This Court by Annexure-A, order directed only postponement of trial of those cases. In that situation physical presence of petitioner in S.C. No.346 of 2008 was absolutely not necessary. It was sufficient that he appeared through counsel and requested for exemption. Learned Additional Sessions Judge having regard to Annexure-A, order should have allowed the application for exemption. 4. Learned counsel was not able to say whether bail bond executed by the petitioner is forfeited. If bail bond is forfeited petitioner has to appear before learned Additional Sessions Judge and seek fresh bail. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines: CRL.M.C. No.921 of 2011 -: 3 :- (i) Non-bailable warrant issued to the petitioner second accused in S.C. No.346 of 2008 of the court of learned Additional Sessions Judge (Fast Track No.1), Manjeri will stand in abeyance for a period of three weeks from this day or until petitioner appears before learned Sessions Judge, whichever is earlier. (ii) In case bail bond is forfeited it is open to the petitioner to seek fresh bail and if any such application is preferred learned Additional Sessions Judge shall consider the circumstances in which petitioner happened to be not present, Annexure-A, order passed by this Court and pass appropriate orders on the application as expeditiously as possible bearing in mind that custodial interrogation of petitioner is not required. (iii) In case bail bond is not forfeited it CRL.M.C. No.921 of 2011 -: 4 :- is open to the petitioner to move application to recall the warrant and if any such application is preferred learned Additional Sessions Judge, having regard to the circumstances which I have stated above, shall dispose of the said application expeditiously. THOMAS P. JOSEPH, JUDGE. vsv