Kerala High Court
Crl.MC/4222/2009 of PRAKASAN Vs SUB INSPECTOR OF POLICE & ANOTHER on 30 December 2009
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Crl.MC.No. 4222 of 2009 ------------------------- SC.750/2007 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA IN CRIME No.746/05 OF VATAKARA POLICE STATION.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931
Crl.MC.No. 4222 of 2009
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SC.750/2007 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA IN
CRIME No.746/05 OF VATAKARA POLICE STATION.
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PETITIONER/ACCUSED:
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PRAKASAN,S/O.APPU,
CHEERAL,WYNAD.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS/COMPLAINANTS:
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1. SUB INSPECTOR OF POLICE,
VADAKARA POLICE STATION.
2. STATE REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR, SRI. C.M. KAMAPPU.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.Q. BARKATH ALI, J.
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2009
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O R D E R
Petitioner is the accused in SC No.746/05 on the file of the Additional District and Sessions Judge, Vadakara, Special Courtfor the trial of NDPS Act. He was charged under Section 55(a) ofthe Abkari Act. The trial was scheduled to be held on 08.12.09and 09.12.09. On 08.12.09, petitioner was absent and thereforethe Trial Court cancelled his bail and issued non bailable warrant.Petitioner surrendered before the Trial Court on 15.12.09 andfiled CMP No.855/09 for releasing him on bail. It was dismissedby the Trial Court by the impugned order.
2. The petitioner has averred in this petition that he missed to note the date of trial and that therefore was unable to appearbefore the Trial Court and that he may be released on bail.
3. Having heard the submissions made by the counsel forthe petitioner and the learned Public Prosecutor and taking intoaccount the fact that the petitioner was on bail till 15.12.09, Ifeel that in the interest of justice, the petition can be allowed.
Crl.M.C. No.4222 of 2009
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In the result, the petition is allowed. The Trial Court isdirected to release the petitioner on bail on executing a bond forRs.25,000/-(Rupees twenty five thousand only) with two solventsureties each for the like sum to the satisfaction of the LowerCourt. He shall appear before the Trial Court on all hearing dateswithout fail. If he fails to appear before the Trial Court on any ofthe hearing dates, Trial Court is at liberty to cancel his bail.
P.Q. BARKATH ALI, JUDGE