SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused No.2 and 3 in C.C.349/2004 on the file of the court of Judicial Magistrate First Class, Haripad. The case was posted for evidence on 20.3.2007. On that day, the petitioners were absent. Though an application was filed to excuse their absence on the ground that the second petitioner herein (3rd accused) was ill, the learned Magistrate was not inclined to adjourn the case, and non bailable warrant was issued against the petitioners.

(2.) Heard the learned counsel for the petitioners as well as the Public Prosecutor.

(3.) It is submitted by the learned counsel for the petitioners that the second petitioner is still undergoing treatment. In the facts and circumstances of the case, there will be a direction to the learned Magistrate to consider the application for bail which the petitioners may file on their surrender before the court. The learned Magistrate shall dispose of the application for bail on the same date on which it is filed. The learned Magistrate shall take note of the facts and circumstances and also the submission that the second petitioner is undergoing treatment. Criminal M.C. is disposed of as above.