GEETHA Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case was filed by the petitioner, seeking direction to the court below under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) It is alleged in the petition that, the petitioner is the sole accused in C.C. No. 362/2011 on the file of Judicial First Class Magistrate Court-III, Palakkad, which was taken on file on the basis of a private complaint filed by the complainant under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act'). Earlier she entered appearance and she was released on bail. On all postings she was represented through counsel. On 20.08.2014, the case was posted for cross examination of the complainant and the petitioner filed an application for recalling the accused and for permission to recalling the complainant and permission to cross examine the complainant as held in the decision reported in 2014 (2) KHC 330 (SC) and the court below did not receive the petition and close the complainant's evidence and posted the case to the next day that is 21.08.2014 for questioning the accused under Section 313 of the Code. But on that day the petitioner could not appear, as her father was laid up due to cancer and not in a position to arrange an alternate to take her father to hospital for treatment. So she instructed her counsel to make an application to condone her absence and an application was filed, but that was rejected and non-bailable warrant was issued, cancelling the bail bond. There is no breach of bail condition to cancel the bail, so the order dated 21.08.2014 is liable to be set aside.

(3.) Considering the nature of relief claimed in the petition, this court felt that, the petition can be disposed of at the admission stage itself, after hearing the learned counsel for the petitioner and the learned Public Prosecutor dispensing with notice to the 2nd respondent/defacto-complainant.