ORDER

Dated this the 27th day of February, 2023 The petitioner is the accused in ST No.34/2019 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna. The petitioner’s absence when the case was posted for 313 examination resulted in non bailable warrant being issued, followed by proceedings under Section 82 Cr.P.C. This Crl.M.C is filed praying for a direction to recall the warrant issued under Sections 82 and 83 Cr.P.C.

2.Learned counsel for the petitioner submitted that the petitioner’s absence was by reason of his illness. In support of the submission, reliance is placed on Annexures A3 and A5 medical certificates. It is hence submitted that the petitioner may be permitted to contest the case on merits after recalling the warrant issued against him.

3. Even though, the trial court is not fault in having initiated coercive steps against the petitioner due to his absence, on consideration of the medical certificates, I am inclined to grant an opportunity for the petitioner to surrender before the trial court.

The Crl.M.C accordingly disposed of, permitting the petitioner to appear before the trial court and move an application for recalling the warrant and othe