K VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is second accused in Crime No.35 of 2003 of Amaravila Excise Range and S.C.No.2072 of 2006 of the Court of learned Special Judge for the Trial of Abkari Cases, Neyyattinkara. He was released on bail and the case was being posted for trial before the learned Judge. On 01.04.2011, on a day the case was not posted for recording witness (as the learned counsel submits) petitioner was absent, his counsel applied but the application was dismissed and non bailable warrant was issued to him as per order dated April 01, 2011. On April 06, 2011 petitioner did not appear or surrender (as the case may be) and thereon his bail bond was cancelled and non bailable warrant was repeated. Proceeding was initiated against the sureties as well. In challenge of the said orders petitioner approached this Court with Crl.M.C.No.1499 of 2011. This Court after hearing learned Public Prosecutor as well, disposed of the criminal miscellaneous case as per Annexure-A3, oder dated May 25, 2011. This Court directed that warrant of arrest issued to the petitioner will stand in abeyance for a period of one month from the date of the order or till petitioner appears before learned Additional Sessions Judge and seek regular bail/recall of warrant, whichever is earlier. Referring to the apprehension of petitioner that on appearance he may be remanded to judicial custody this Court observed in the order that, "having regard to the fact that final report has already been filed, I do not think that a remand of petitioner is necessary". I also directed learned Additional Sessions Judge to dispose of the application for bail or recall of the warrant if preferred by the petitioner, "having regard to the circumstances stated and observations made above" and pass appropriate orders on such application as early as possible.

(2.) OBVIOUSLY on the strength of the order passed by this Court petitioner appeared before learned Additional Sessions Judge and moved application for bail. Learned Additional Sessions Judge by Annexure-A4, order passed following order, "Bail application dismissed. Accused remanded to District Jail Thiruvananthapuram till 10.06.2011". The said order is under challenge in this proceeding. Learned counsel submits that learned Additional Sessions Judge has not considered the order passed by this Court in Annexure-A3 referred above for the reason that there was no water mark seal on the order. I have heard learned Public Prosecutor also.