Petitioner's Crl.M.C. challenging cancellation of bail bond and issuance of non-bailable warrant was disposed of to allow surrender and fresh bail application on the working day.
Petition disposed to enable surrender and filing of bail application on the working day.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930
Crl.MC.No. 734 of 2009()
-----------------------ST.1077/2006 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR
PETITIONER(S): ACCUSED
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K.C. THRESSIAMMA @ PENNAMMA, KOTTARATHIL HOUSE, C.K. KAVALA, KURUMULLOOR, ONAMTHURUTHU, KOTTAYAM.
BY ADV. SRI.T.I.ABDUL SALAM
RESPONDENT(S): COMPLAINANT
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SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 734 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of February, 2009.
O R D E R
This petition is filed to set aside Annexure 1 order canceling the bail bond and issuance of a non-bailable warrant to secure the ends of justice. The petitioner was not present and there was no representation. Therefore the bail bond was cancelled and non-bailable warrant was issued to the accused as also notice to the sureties. It is submitted that it was not a deliberate move on the part of the petitioner to avoid her presence in the Court but it was beyond the circumstances under her control. Whatever it may be, it is suffice to say that she can surrender before Court and move an application for bail and the Court shall consider her bail application on that day itself, that too sympathetically and the mere absence on the previous day need not be taken as a ground to reject the bail. In order to
CRL.M.C. 734 OF 2009
-:2:-
enable the Magistrate to pass appropriate orders surrender as well as moving of the bail application shall be done on the
early hours of the working day.
The CRL.M.C. is disposed of accordingly.
Sd/-
M.N. KRISHNAN, JUDGE.
ul/-
[True copy]
1 issue framed by the court
Whether the cancellation of bail bond and issuance of warrant due to non-appearance without representation warrants disposal of the petition to allow future surrender.
K.C. THRESSIAMMA @ PENNAMMA
SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR
M.N. KRISHNAN
As recorded by the court registry
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