The petitioners herein are accused Nos.1 and 2 in S.C 215 of 2011 before the Court of Session, Pathanamthitta. On 6.6.2014, the learned counsel for the petitioners made an application before the trial court to excuse their absence. The said application was rejected by the learned Sessions Judge, and accordingly, the learned trial Judge cancelled their bail and ordered notice to the sureties under Section 446 of the Code of Criminal Procedure. The said order of the trial Judge is sought to be quashed under Section 482 of the Code of Criminal Procedure.
2. Once absence of the accused is not excused, the trial court will cancel the bail and issue notice to sureties. So interference in the orders passed by the learned Sessions Judge as such cannot be made. However, the petitioners can surrender before the learned Sessions Judge and seek bail afresh. The offences involved in this case are in fact bailable, though being tried by the Special Court Crl.M.C No.5885 of 2014
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under the Special Law. The learned trial Judge will consider whether bail afresh could be granted to petitioners on appropriate conditions. The sureties can very well appear before the learned Sessions Judge, explain the situation and seek favourable orders. The accused can very well surrender before the learned Trial Judge and make application as indicated above.
In the result, this Crl.M.C is closed with observation that the petitioners can surrender before the learned Sessions Judge and seek bail afresh. The learned Sessions Judge will judiciously consider their request for bail afresh.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge