High CourtsSingle Bench

Sreejith M.B vs State Of Kerala And Ors

High Court Of Kerala · Decided on 7 May 2021 · Citation: (2021) 05 KL CK 0077

HON’BLE JUDGES
Gopinath P, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 82, 83
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 2459 Of 2021
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Judgment

10 paragraphs · 188 words
1.

The petitioner is the accused in C.C.No.2312 of 2019 of the Additional Chief Judicial Magistrate Court (Economic offence), Ernakulam.

2.

It is submitted that the case was posted on 16.03.2021, on which date neither the petitioner nor the counsel could appear on account of the wrong

noting of the posting of the case. It appears that on 16.03.2021, the court has issued a non bailable warrant and has also cancelled the bail bonds of the

petitioner and steps under Sections 82 and 83 of the Code of Criminal Procedure has been initiated.

3.

The learned counsel for the petitioner submits that the non appearance on 16.03.2021 was not willful and was occasioned only on account of wrong

noting of the posting date in the case diary.

4.

Considering the facts and circumstances of the case, this petition will stand disposed of directing the non bailable warrant issued against the

petitioner shall be recalled on an application made for the same and the petitioner shall be permitted to continue on bail and on the same bail bonds

which now stand cancelled.

The Crl.M.C will stand disposed of accordingly.