IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4154 of 2010()
1. HARRIS FERNANDEZ,
... Petitioner
Vs
1. CHACKO, S/O.CHACKO,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.M.JOSHI
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/10/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C No.4154 of 2010
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Dated this the 11th October, 2010
O R D E R
Petitioner who is the accused in C.C No.816 of 2010
on the file of the Judicial First Class Magistrate Court-VI,
Ernakulam filed this petition under Section 482 of the
Code of Criminal Procedure to quash the order passed by
the learned Magistrate in a petition filed under Section
205 of Code of Criminal Procedure. The case of the
petitioner is that the case was originally pending before
Judicial First Class Magistrate Court-I and he was released
on bail. Subsequently the case was transferred to Judicial
First Class Magistrate Court VI and he was unaware of the
transfer and he did not get any summons from that court
or intimation from the Judicial First Class Magistrate
Court-I, Ernakulam regarding the transfer and as he did
not appear, the learned Magistrate on the first posting day
cancelled the bail and issued non-bailable warrant.
2. Learned counsel would submit that petitioner
filed Annexure -I petition under Section 205 of Cr.P.C
which was dismissed for the reason that petitioner did not
Crl.M.C No.4154 of 2010
2
appear.
3. If the case was transferred from Judicial First
Class Magistrate Court-I to Judicial First Class Magistrate
Court VI, learned Magistrate is not justified in cancelling
the bail if the facts as stated by the petitioner is true. If
petitioner files a petition to recall the non-bailable
warrant, I do not find that learned Magistrate will not
recall the warrant. If the warrant is thus recalled, there is
no necessity to execute a fresh bond.
Petitioner is entitled to raise all the contentions before
the learned Magistrate by filing a proper application to
dispense his presence. If presence of the petitioner is to
be dispensed with during trial petitioner has to personally
file an application containing the relevant recitals. If such
an application is filed by the petitioner, learned Magistrate
to pass appropriate orders, in accordance with law.
Petition is disposed of as above.
M.SASIDHARAN NAMBIAR
JUDGE
ma