Kerala High Court
Crl.MC/4129/2006 of PIOUS THOMAS Vs THE STATE OF KERALA on 29 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928 Crl.MC.No. 4129 of 2006() ------------------------- CC.193/2005 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... PETITIONER/ACCUSED:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928
Crl.MC.No. 4129 of 2006()
-------------------------
CC.193/2005 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA
....................
PETITIONER/ACCUSED:
-------------------------
PIOUS THOMAS, CHOVATTUKUNNEL,
MOONILAVU P.O., KOTTAYAM DISTRICT.
BY ADV. SRI.B.KRISHNA MANI
SRI.JOSEPH T.JOHN
RESPONDENTS/COMPLAINANT:
----------------------------------
1. THE STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. JUSTIN SEBASTIAN,
MANDAPATHIL HOUSE, NADAKKAL P.O.,
ERATTUPETTA, KOTTAYAM DISTRICT.
BY PUBLIC PROSECUTOR SRI JAI GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 29/12/2006, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
M.N. KRISHNAN, J.
------------------------------------------ Crl.M.C.NO.4129 OF 2006
----------------------------------------- Dated this the 29 [th] day of December, 2006.
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O R D E R
The petitioner here in is an accused in C.C.193/2005,before the Judicial First Class Magistrate, Erattupetta. The matter wasposted for questioning. It is submitted that on the ground of ailmentshe could not attend the court and the petition for grant of exemptionand adjournment, was dismissed by the court and the bail wascancelled and a non bailable warrant has been issued. It is submittedthat he has undergone a treatment under Dr. N.S.Joseph, AssistantProfessor of Medical College. From the circumstances it appears thatthere was no deliberate attempt on the part of the accused to evadehis presence before the court. Therefore the Crl.M.C. is disposed ofwith a direction to the petitioner to appear and surrender before theconcerned Magistrate and the Magistrate is directed to take note of thecircumstances above mentioned by this court while considering thegrant of bail to the accused and then proceed with the case inaccordance with law.
bkn
M.N.KRISHNAN
JUDGE.